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

We will consider in good faith any further amendments the Senator puts down. I reiterate the point that we are trying to get away from a scenario whereby the first port of call is to send a protected disclosure to the Minister. One of the issues under the existing Act is that it is silent on precisely what the Minister should do with the protected disclosure when it is received. At least under the Bill, we have the provision whereby the office of the protected disclosures commissioner is being set up, which is where the Minister will send the protected disclosure for assessment. As I said earlier, on the conclusion of that assessment, it may well come back to the Minister to deal with or it may go to the direct employer or a prescribed person.

That is an important reform because the truth is that when a protected disclosure comes into a Minister, the Minister is, in practice, reliant on whatever advice his or her Department will give him or her. That is the truth, which, as the committee has heard in earlier meetings, can be problematic if the matter concerns wrongdoing by that Department. That is also a factor. In addition, where the matter relates to allegations of wrongdoing in a body under the aegis of the Minister's Department, the power of the Minister to take action can sometimes be quite limited as some bodies enjoy strong statutory independence from Government, such as local authorities and many regulatory agencies.

We will consider any further amendments the Senator puts down. By the way, the advice from the Attorney General is that the provisions of the Bill do not constitute regression under the grounds of the directive. That is the clear legal advice we have received. I heard the points the Deputy made, however, and I think we can engage further on them.