Written answers

Tuesday, 2 July 2013

Department of Public Expenditure and Reform

Proposed Legislation

Photo of Andrew DoyleAndrew Doyle (Wicklow, Fine Gael)
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411. To ask the Minister for Public Expenditure and Reform the current status of forthcoming whistleblower legislation; when he expects any such Bill to come before Dáil Éireann; the provisions contained within the Bill and the measures contained within the legislation to deal with whistleblowers; and if he will make a statement on the matter. [31846/13]

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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Following its recent approval by Government I expect that the Protected Disclosures Bill 2013, will be published this week. The Bill will provide a single overarching framework protecting whistleblowers in all sectors of the economy by ensuring that safeguards exist where reprisals are taken against them by their employers. The objective is to encourage workers to raise genuine concerns concerning potential wrongdoing in the workplace with a view to ensuring that employers can take ameliorating action at the earliest possible opportunity.

The Bill establishes a broad range of potential wrongdoings to which the disclosure must relate and a number of distinct disclosure channels including to an employer, a prescribed person, the Minister responsible for a public body, a legal adviser or otherwise potentially to the public domain. Special disclosure channels will apply in the case of external disclosures relating to law enforcement, security, intelligence, defence and international relations matters. The Bill will therefore provide a detailed and comprehensive statutory framework for the protection of, and securing redress for workers, who suffer penalisation at the hands of their employer for having made a protected disclosure.

Photo of Seán FlemingSeán Fleming (Laois-Offaly, Fianna Fail)
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412. To ask the Minister for Public Expenditure and Reform the current status of the Code of Practice for adjudication required under the Construction Contracts Bill as well as the associated conditions of contract which will be needed once it is enacted; and if he will make a statement on the matter. [31990/13]

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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The Programme for Government contains a commitment to introduce new legislation to protect small building subcontractors that have been denied payments from bigger companies. In this regard, Minister of State Brian Hayes is working with Senator Feargal Quinn to develop the Senator's private member's Construction Contracts Bill into a robust piece of legislation. The Bill has passed Committee Stage.

The key objective of the Construction Contracts Bill is to ensure that cash flows down the supply chain on all construction contracts. This issue is addressed in the Bill by providing statutory arrangements in relation to payments under construction contracts, including providing for interim payments. These minimum conditions of contract are provided for in Section 3 and the accompanying schedule to the Bill. The Bill also provides the means for subcontractors to enforce these rights; by suspending their labour and the provision of statutory adjudication.

My officials are developing a Code of Practice for the adjudication process. The Deputy will appreciate that the Bill has not passed all stages in both Houses and therefore further work will be required before such a Code could be finalised. This is a complex area and as such it is essential that these complex issues are properly assessed so as to avoid imposing unnecessary regulatory or cost burdens on parties in dispute, the State or others. In this regard, it is likely that a brief consultation with the relevant stakeholders will be required. This legislation is a priority for Government and whilst every effort is being made to have the legislation and ensuing regulation passed as quickly as possible it is important to put in place, one which is robust and effective.

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