Leo Varadkar (Dublin West, Fine Gael)
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Question 238: To ask the Minister for Justice and Law Reform his plans, if any, to introduce a single whistleblowers Bill as proposed by bodies (details supplied); and if he will make a statement on the matter. [42558/10]

Dermot Ahern (Louth, Fianna Fail)
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I have responsibility for two Bills currently before the Houses, the Property Services (Regulation) Bill 2009 and the Prevention of Corruption (Amendment) Bill, which contain whistleblower protections.

Given the broad spectrum of areas where whistleblowing could arise, it is not an issue that could easily be effectively addressed by any one Department or piece of legislation. Nevertheless, it has been suggested by a number of parties that a single, all-encompassing whistleblower provision might be the best way to proceed. When the matter was considered by Government some years ago legal obstacles were identified to the provision of a single statute which would be effective in the variety of circumstances in which it was to apply. The Government did not want to introduce whistleblower protection, which, if tested in the courts, might be found wanting. What is needed are solutions that will work well in the particular circumstances of each case. That is ultimately why, on balance, it became clear that a sectoral approach to the issue would be more effective and practical. Ministers in the course of preparation of Bills are required to include whistleblowing provisions, as appropriate, having regard to the nature, purpose and scope of the proposed legislation in question.

The number and range of whistleblower protection provisions introduced in the past number of years is a clear indication of the Government's commitment to this issue. These include the Protections for Persons Reporting Child Abuse Act 1998, the Competition Act 2002, the Safety Health and Welfare at Work Act 2005, the Garda Síochána Act 2005,the Employment Permits Act 2006, the Health Act 2007, the Communications Regulation (Amendment) Act 2007, the Consumer Protection Act 2007, the Medical Practitioners Act 2007, the Chemicals Act 2008, the Labour Services (Amendment) Act 2009, the National Asset Management Agency Act 2009, the Charities Act 2009, and the Inland Fisheries Act 2010. In addition a number of Bills currently in preparation contain whistleblower protections Employment Agency Regulation Bill 2009, the Employment Law Compliance Bill 2008, and the Local Government (Mayor and Regional Authority of Dublin) Bill 2010.