Brendan Howlin (Wexford, Labour) | Oireachtas source

The amendment deletes section 10(3)(d) of the Bill originally passed by the House. Section 10 sets out the circumstances under which a disclosure made to a person other than an employer, a prescribed person or a Minister - what we have classified as an external disclosure - will attract the protections of the legislation. One of the circumstances listed is that "in all the circumstances of the case it is reasonable for the worker to make the disclosure". Section 10(3)(d) specified one of the matters to which particular regard must be had in determining whether it was reasonable for the worker to make the disclosure as "whether the disclosure is made in breach of a duty of confidentiality owed by the worker's employer to any other persons". It is evident by their very nature that many whistleblowing reports will involve a duty of confidentiality. On that basis, and having reflected on it, disclosures made under section 10(d) would not qualify as protected on account of this element of the reasonableness test as set out. The amendments proposes to address what might otherwise create an obstacle for the appropriate use of the legislation.