Brendan Howlin (Wexford, Labour) | Oireachtas source

These are two very important amendments. Long but very coherent arguments were made for them on Committee Stage. Senator Reilly is not here but she put forward a good case for these points.

This is the issue of interim relief. The purpose of amendment No. 13 is to provide for interim relief in cases where there is likely to be a substantial delay between a dismissal and an unfair dismissals hearing being heard by the relevant appeals body. International best practice recommends that such a provision should be included in whistleblowing legislation as it provides an important protection for workers, and the absence of a provision for interim relief is considered to be a disincentive. That case was made coherently and logically. I do not think that it will be any surprise that I was still engaged in discussions with the Department of Jobs, Enterprise and Innovation on these matters because they have implications for wider labour law.

I am very glad to say we have arrived at a consensus and agreement not only between myself and the Minister for Jobs, Enterprise and Innovation, but also across Government on this matter, which makes it possible to table these amendments today. Everybody in the House will welcome them on the basis of the old adage that justice delayed is justice denied. If one is dismissed, one should have recourse to having one’s case heard and have interim relief provided pending such a time, if there is a strong possibility that one’s case is valid before a full hearing and that one is not penalised in the interim to such a degree that nobody else would be encouraged to blow the whistle in the same circumstances.