Dáil Éireann Debate, Tuesday - 9 July 2013
255. Deputy Andrew Doyle asked the Minister for Public Expenditure and Reform the key measures contained within the recently initiated Protected Disclosures Bill 2013; and if he will make a statement on the matter. [33305/13]
View answerThe Protected Disclosures Bill 2013 provides a significant suite of employment and other protections to whistleblowers that are penalised by their employer or suffer a detriment from a third party as a consequence of having raised concerns regarding possible wrongdoing in their workplace. It provides for the first time comprehensive whistleblower protection across all sectors of the economy addressing what has been identified – both nationally and internationally - as a significant gap in Ireland’s legal framework for combating corruption.
The key measures outlined in the Bill are as follows:
- Compensation of up to a maximum of five years remuneration can be awarded in the case of an unfair dismissal for having made a protected disclosure.
- A wide definition of wrongdoings is included in the Bill and the safeguards provided in the legislation are extended in line with international best practice recommendations.
- The Bill contains a wide definition of ‘workers’ which, in addition to employees, includes contractors, agency staff and trainees.
- Whistleblowers will benefit from civil immunity from actions for damages and a qualified privilege under defamation law.
- Making a protected disclosure or reasonably believing a disclosure is protected is a defence to any offence prohibiting or restricting the disclosure of information.
- Where a whistleblower or, for example, a member of his family experiences coercion, intimidation harassment, discrimination at the hands of a third-party the legislation provides for a right of action in tort against that person.
- The legislation seeks to protect the identity of a whistleblower – the matter disclosed rather than the whistleblower should be the focus of attention.
- The Bill provides in any proceedings that a disclosure is assumed to be a protected disclosure unless the contrary can be proved.
- The legislation provides a number of distinct disclosure channels for potential whistleblowers.
- The protections remain available if the information disclosed on examination does not reveal wrongdoing. Deliberate false reporting will not meet the reasonable belief test and is not protected.
- Special arrangements are put in place for disclosures relating to law enforcement matters and to disclosures that could adversely affect Ireland’s security, defence or international relations.
