Seanad debates

Thursday, 23 June 2022

Protected Disclosures (Amendment) Bill 2022: Committee Stage

 

9:30 am

Photo of Alice-Mary HigginsAlice-Mary Higgins (Independent) | Oireachtas source

The Minister has eloquently made the case for dedicated structures. The fact that one can make a report is not the same as being able to make it through that kind of administrative channel. The Minister referred to the guarantee of confidentiality, encrypted channels and designated email addresses. All of those things are technical. They have a reasonable cost for what they do. It is not enough for people to know they can make a disclosure when all that is available is the capacity for them to email their boss or their boss's boss and hope nobody else sees it. It is different when a proper channel is available. The Minister described quite well the kind of small but specific things that go into a proper administrative channel, which is why I think we should be pushing for more companies to have it and why the simple right to make a disclosure is not the same as having a good mechanism to do so.

I still believe we should stretch where this applies. I acknowledge that the Minister has pointed to the fact that there are regulation-making powers under section 6. There are small areas with implications for human rights and due diligence. The Minister will be aware of the review of ethics in public life and some of the work that has been done in the Joint Committee on Finance, Public Expenditure and Reform, and Taoiseach. We have been looking at areas of particular vulnerability, including lobbying and other areas. This is something that is considered. Transparency International Ireland has highlighted that certain sectors have particular sensitivity and vulnerability. However, I also believe that one of the things that should be looked at through those regulations is an obligation, or at least minimum weighted criteria, around the presence of such structures relating to public procurement and public contracts. Perhaps that is a space that could be explored.

I am going to withdraw the amendments but I might engage a little more with the Minister's office between now and Report Stage around how he envisages those regulation-making powers might be used to address the concerns I have highlighted. I will, with the leave of the House, withdraw my amendments but reserve the right to come back to these issues on Report Stage having engaged with the Department.

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