Brendan Howlin (Wexford, Labour) | Oireachtas source

I thank Senator Byrne. The issue was raised very well on Committee Stage. I have reflected further and received further advices on the matter. I referred to the importance of an institutional or employment connection between the whistleblower and the institution because the remedies relate to employment. I am now advised that the question has been reviewed extensively at international level. I am further advised that there is a strong consensus among experts that whistleblowing protection should not extend beyond the basis of the workplace.

The reasons for the conclusion were examined in detail in pages 11 to 14, inclusive, of the Regulatory Impact Analysis that I published alongside the Bill. I can go them in some detail if Members are so minded. In short, two reasons were advanced by international experts in support of the position. Due to their employment role within an organisation, whistleblowers have access to information that may tend to show wrongdoing that would not be available to persons outside of the workplace. Due to their employment status and the risk of sanctions from breaching the duty of confidentiality owed to an employer, employees who make a protected disclosure may require specific legal protection against reprisals in order to encourage them to come forward. Other complainants, who are members of the public generally, and have the same access to information insights do not usually need the same level of legislative protection before they make reports of wrongdoing because they are not normally subject to workplace restrictions, such as confidentiality, contractual arrangements or anything else. They are citizens. First, if citizens see wrongdoing there is no impediment to them reporting. Second, no sanction can be taken against them by an employer. That view has been presented to us and I have rechecked to make sure that we are robust in terms of international best practice.