Written answers

Wednesday, 30 June 2010

Department of Justice, Equality and Law Reform

Proposed Legislation

9:00 pm

Photo of Catherine ByrneCatherine Byrne (Dublin South Central, Fine Gael)
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Question 52: To ask the Minister for Justice, Equality and Law Reform his views on the Director of Public Prosecutions comment that a general whistleblower's charter is required; and if he will make a statement on the matter. [28237/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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Policy on affording protections for whistleblowers generally is not a matter solely for myself as Minister for Justice, Equality and Law Reform. As I indicated in the Dáil, on 16 June 2010, in the course of the Committee Stage Debate on the Prevention of Corruption (Amendment) Bill 2008, it has been Government policy for some years to provide protection for whistleblowers on a sectoral basis, that is to say that legislation should, where appropriate, contain provisions providing protection for persons reporting suspected offences in good faith. There is ample evidence of this policy in practice. Within the remit of my own Department, the Garda Síochána (Confidential Reporting of Corruption or Malpractice) Regulations 2007, apply to members of the Garda Síochána and relevant civilian staff, and the Prevention of Corruption (Amendment) Bill 2008, contains provisions for protection of whistleblowers in respect of reported suspicion of offences under the Prevention of Corruption Acts 1889 - 2005. The Property Service (Regulation) Bill 2009 which was recently passed by the Seanad and is awaiting second stage in the Dáil also contains a whistleblower's protection provision.

I am aware that a significant number of statutes containing whistleblower protection provisions, which are the responsibility of a range of Departments, have been enacted in recent years. They include, the Ethics in Public Office Acts 1995 - 2001, the Safety, Health and Welfare at Work Act 2005, Health Act 2007, the Consumer Protection Act 2007, and the Communications Regulation (Amendment) Act 2007. More recently, the Chemicals Act 2008, the Charities Act 2009 and the National Asset Management Agency Act, 2009, also included these provisions. I understand that there are a number of other Bills which have been published and which have yet to be enacted which have similar provisions. Any future change to the sectoral approach to this issue will be a matter for collective Government consideration.

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