Seán Kyne (Fine Gael) | Oireachtas source

-----and his or her family. We have all seen instances where someone in a company or public body is not even whistleblowing, but is instead just challenging or looking for improvements. That can be unwelcome at times, and it can be a very lonely place for a person in those circumstances.

I note the protections as regards information. Information leaks, so it is important that there are safeguards relating to encryption and so on within the Bill. Once upon a time, one would have had to hand someone information physically. Nowadays, it can be done electronically, for example, by copying something on one's phone and sending a WhatsApp message. I am not in any way an expert on encryption security, but I am concerned about how easy it is to pass on information.

The Minister of State mentioned a threshold of 50 to 249 employees, with some leeway for companies to improve their data protections and so on. What responsibilities do companies with fewer than 50 employees have? While I appreciate that we do not want to overburden any employer with costs, what would happen with a protected disclosure in such cases and what responsibility would the employer have to ensure privacy?

It is important to note that grievances may also be protected disclosures. If someone has a concern or complaint about selection criteria or a promotion and feels that there are questions to be answered – I have concerns following questions raised with me about a certain public body – such issues need to be examined.

Regarding the formal channels and procedures for making protected disclosures, it is important that workers know what they have to do and how to do it, and that the information they provide is protected and secure.

It is important that the protected disclosures commissioner be located within the Office of the Ombudsman. We do not need a new body.

Section 8, which amends section 6 of the principal Act, relates to a person employed by a public body who makes a protected disclosure prior to the enactment of the Bill. This is important and welcome.

Section 17 inserts section 16A in the principal Act and relates to the protection of the identities of persons named in the report. In a situation I am dealing with, an anonymous complaint was made and received in a certain Department. It led to an investigation and the suspension of the person. I have received follow-up letters from employers within said organisation – again, anonymously – naming people even though they are under investigation and stating that the Garda would be investigating the matter in the coming weeks. I am concerned about the level of confidentiality. This comes back to how we are a small country. Be they all in one building or scattered around the country, employees in public bodies talk and know what is happening, so the level of privacy in such cases is not as high as one would imagine. Legislating for this is difficult, though, because gossip is currency and everyone loves a bit of gossip. When a complaint is made in the fashion we are discussing under this legislation, it is a serious issue and needs to be investigated seriously. People need to be confident that, when they make such a complaint, the information is secure and they and their anonymity are protected insofar as possible.