Brendan Howlin (Wexford, Labour) | Oireachtas source

This relates to the issue raised regarding An Garda Síochána. The group of amendments provides for what can be termed the "mainstreaming" of the Garda for the purposes of the Bill. The combined effect of the amendments is to ensure members of the Garda will be subject to this legislation in the same way as any other worker. In addition, the particular arrangement relating to the confidential recipient that currently replies in respect of the making of confidential reports by members of An Garda Síochána will no longer apply. The position has been wound up. Following the enactment of the Bill, all such reports will be made in accordance with the provisions set out in this legislation.

Three distinct elements are required to bring members of the Garda fully within the remit of the Bill. The first element is to ensure members have access to the same redress provisions as every other worker in the State for the purposes of this legislation. This is addressed by amendments Nos. 22 and 23, both of which, though relatively minor technical changes, reverse the current exclusion of members of An Garda Síochána from the protections available under the legislation. The effect of amendment No. 22 is to give them access to the Unfair Dismissals Acts for a claim of dismissal following the making of a protected disclosure while the effect of amendment No. 23 is to give them access to the industrial disputes resolution mechanisms of the State such as rights commissioners and the Labour Court in respect of claims of penalisation following the making of a protected disclosure.

The second element is to make consequential amendments. These are addressed by amendments Nos. 24 and 25. The changes to section 19, to which I will refer in a moment, require some tidying up of the legislative framework which is affected by these amendments. The third element ensures the ending of the separate and distinct arrangements in the Garda Síochána Act, which currently exist for the making of confidential reports. The new and completely revised version of section 19, set out in amendment No. 36 provides for the revocation of the regulations governing the current confidential recipient arrangements.

In terms of the findings of the Guerin report regarding the operation of the confidential recipient system for Garda whistleblowers, Senators will agree that this is a very significant, important and welcome reform. Amendment No. 36 also provides that GSOC will, in accordance with the commitment given by the former Minister for Justice and Equality, be prescribed as a body suitable for the acceptance of protected disclosures, in accordance with the provisions of section 7. I intend to prescribe GSOC under section 7 as soon as possible once this legislation has commenced.