Victor Boyhan (Independent) | Oireachtas source

I move amendment No. 3:

In page 6, between lines 19 and 20, to insert the following:

“(fa)an undertaking can also be defined as a local authority, for the purposes of this Act,”.

I will speak to amendments Nos. 3 and 6. First, I welcome the Minister and his officials to the House. I thank them for this legislation, which I broadly welcome. I think it is very positive. I have tabled amendments Nos. 3 and 6 mainly as a scoping exercise and to have some brief discussion on the matter because there seems to be a conflict in advice being issued. I have engaged with the Association of Irish Local Government, AILG, and the Local Authority Members Association, LAMA, the representative bodies of city and county councillors. From time to time, members have raised concerns in respect of how they are covered by protected disclosures. There is some suggestion that councillors are not directly employed by the councils but elected members, as we well know. At times, there are issues of concern. They may fall within the scope of a protected disclosure. We have heard the terrible stories of people - not necessarily city and county councillors - who have attempted to get to the bottom of an issue that they are not happy about or highlight where they think wrongdoing may have occurred. We have heard how these people have become victims in that process. It is a terrible shame for the people who try to do the right thing by the State and bring an issue to attention that requires further investigation.

The Minister is aware that the city and county councillors work at the coalface of our communities. They are active. They are the eyes and ears of many of our citizens, and many issues come to their attention and arrive on their desks. I ask the Minister to clarify whether the two amendments are necessary. Does the scope of the legislation protect or include councillors? That is the assurance that I am seeking. I do not know what legal advice the Minister has sought or what engagement he has had with the Attorney General on these issues. I am asking for the Minister's reassurance that the members of the AILG and LAMA, our city and county councillors, are protected by and fall within the scope of this legislation. If the Minister can confirm that, I will be happy to withdraw my amendment. I have tabled it to prompt discussion on the issue, get the clarification I am seeking and have the Minister put something on the record of the House that will give the elected members of the city and county councils some comfort.