Michael McGrath (Cork South Central, Fianna Fail) | Oireachtas source

I thank Senators Flynn and Higgins for this amendment. We had some discussion earlier on the retrospective application of the Bill and I am sure we will revert to that on Report Stage.

This amendment provides that employers with 50 or more employees shall establish, maintain and operate reporting channels and procedures within six months of the commencement of this section. The core provisions of the Bill, including the requirement for employers to establish and maintain internal reporting channels of the Bill, are intended to be commenced as soon as possible following enactment.

This amendment is in direct conflict with the derogation delaying commencement of this section for employers with 50 or more employees but fewer than 250 employees until 17 December 2023. Ireland has chosen to adopt the derogation from the EU whistleblowing directive and the date of 17 December 2023 is set in Article 26.2 of that directive. Therefore, I cannot accept this amendment.