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

Amendment No. 59 introduces a new penalty for bodies corporate that commit an offence as set out in the legislation. It provides for a fine of not less than €500,000 on indictment. This is significantly higher than the criminal penalties currently provided for in the Bill, which provide for fines ranging from €75,000 to €250,000. These penalties can apply to individuals as well as corporate bodies. The criminal penalties in the Bill were considered with the Office of the Attorney General with the purpose of aligning them as much as possible with similar type provisions on the Statute Book. Accordingly, I am not in a position to accept this amendment.

Amendment No. 61 removes the provision allowing the Workplace Relations Commission to bring and prosecute summary proceedings where certain employers fail to comply with their obligation to establish and maintain reporting channels and procedures. Enforcement of the obligation on certain employers to establish and maintain reporting channels and procedures is an essential element in the transposition of the EU whistleblower directive. Accordingly, I am not in a position to accept the amendment.