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

I will set out the formal response and we can perhaps engage on it then. The amendments will limit the ability of employers to share resources for receiving reports and conducting any investigations needed as part of follow-up. The Bill currently provides that employers with fewer than 250 employees can share resources. These amendments would limit that flexibility to employers with fewer than 50 employees and where companies are linked. Furthermore, the amendments add an obligation to carry out a data protection impact assessment in relation to the sharing of such resources. The resource-sharing provisions in the Bill are in place to transpose Article 8.6 of the EU whistleblowing directive. The Senator is seeking to further define and limit how that would take place. The provisions reduce the administrative burden on employers. They allow for companies to share resources and build a centre of best practice for receiving and following up on reports received. On the Senator's requirement that this be limited to companies that are in some way linked, that would exclude the possibility of an employer using a third-party company that might specialise in providing this service. If there is not a link between the companies, they would not be allowed to use that service and that would limit their ability to put in place proper processes and procedures. The provisions reduce the administrative burden on employers, allow for companies to share resources, as I said, and to build a centre of best practice for receiving and following up on reports received.

The data protection impact assessment adds another criterion that is not necessary in our view as section 16 on the duty of confidentiality and section 18 on data protection apply to all channels and actions set out in the Bill. Therefore, we do not see a need to restate that obligation as it is one that is already provided for elsewhere in the Bill. Irrespective of the channel used, that obligation applies, including in a case where resources are shared. Article 8.6 states the resource-sharing option "... shall be without prejudice to the obligations imposed upon such entities by this Directive to maintain confidentiality, to give feedback, and to address the reported breach".

For those reasons. I do not propose to accept the amendments.