David Norris (Independent) | Oireachtas source

This legislation provides mechanisms for employees to make justifiable complaints against employers, but that purpose is frustrated if the employer can victimise or penalise the complainant. We know from a perusal of unfair dismissal cases that people are frequently dismissed unfairly because of making complaints. It is a matter of record. The Minister could argue that there is law on unfair dismissals, but the amendment is meant to prevent the situation from reaching the point of a person being dismissed or penalised. That it prevents rather than closes the door after the horse has bolted is one of its most important aspects. This seems to be in line with present thinking on whistleblower legislation, etc. Whistleblowers should be protected by the State. It is appropriate that such provision be included in this legislation. I cannot think of where else it would be included. One has a perfect human right to make a complaint. One has the right to be protected against discrimination as a result of making it. I would not accept for one minute the suggestion that unfair dismissals legislation is the answer. If someone loses a job, is out on his or her ear and gets a few thousand euro in compensation, it is a tragic situation and is not good enough. Senator Cullinane has instanced particular firms and situations in which people have been put under this pinch.