Seanad debates

Thursday, 7 July 2022

Protected Disclosures (Amendment) Bill 2022: Report and Final Stages

 

9:30 am

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

It is worth noting that not all protected disclosures are made by lawyers or people who have read the legislation. In some cases, the person may not even be aware of the legislation. The reason I regret that the amendments concerning managers were not accepted is that it is often people at a lower level in organisations who have a strong personal ethical sense. That comes at every level and there have been cases involving cleaning, caring or catering staff. People who are on the front line of service delivery may become aware of very significant issues around practices that have significant implications for the wider operation of an organisation. There are lots of different ways and means. The determinant factor seems to be that people have a strong ethical sense of what is good practice. It should not be something that becomes only accessible for those who can seek legal advice or have access to persons who can help them navigate the legislation. We must ensure this legislation is made accessible and clear. It is not enough that it would be digital only because 40% of persons in Ireland do not have access to basic digital skills. It is important, therefore, that people can get this information from a Citizens Information centre and elsewhere. The information must be clear and widely accessible.

The Minister of State indicated there will be an information campaign but he will not accept the amendment. When designing the campaign I encourage him to consider engaging with the civil society organisations I mentioned and the Oireachtas Joint Committee on Finance, Public Expenditure and Reform, and Taoiseach. As he will be aware, the committee has taken a very strong interest in this area. This was an important recommendation made by the committee in its pre-legislative scrutiny. Members of the committee would appreciate an opportunity to have an input into the public information campaign.

Accessibility, including language accessibility, is very important and fundamental. It is important that the campaign is not framed in such a way that it sets out what people are allowed to do and how they can make a disclosure. It must be framed in terms of the public good and the desire of organisations and public bodies to be informed when there is a problem. That is important in shifting mindsets and takes the focus off the individual.

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