Lynn Ruane (Independent) | Oireachtas source

The amendment seeks to ensure that nothing in the Bill will prevent someone from making a protected disclosure with regard to wrongdoing in the process of excavating a burial site or in the sharing of information of significant public interest relating to a burial site. It is a small addition to section 30, which prohibits the disclosure of confidential information by specified persons, including the staff of the director. “Confidential information” is defined quite loosely in section 30(5) and seems to include anything the director decides is confidential. I understand the practical need for confidentiality within the section but it seems to have the scope to prevent staff members from disclosing any information the director tells them they are not allowed to disclose. This is a very general provision and, therefore, it is important to include this clarifying amendment, which will provide that nothing in the section means a person cannot make a protected disclosure in respect of a burial site. In recent weeks, the Protect Disclosures Act was debated in the House and on several occasions it was highlighted how important the legislation is. This clarifying amendment will simply ensure our important protections for whistleblowers are not diluted in regard to burial sites.

The amendment is significant in the context of the next Bill before the House, the Employment Equality (Amendment) (Non-Disclosure Agreements) Bill 2021. In preparation for the debate on that Bill, we have seen cases of barristers and other legal scholars writing clauses into legal contracts and non-disclosure agreements that state the parties will no longer be protected by the Protected Disclosures Act.It is a funny thing for somebody who studies law to think they could preclude somebody from legislation applying to them. Based on my experience in recent years of seeing that written into NDAs, I want to ensure under this section that, regardless of the confidentiality aspect, there is that qualifying piece and people are still protected by the Protected Disclosures Act.