As I am the only witness here and I have absolute privilege, even if the Chair stops me, I will retain my absolute privilege. However, I will do exactly as he instructs.
I thank the Chair and members of the committee for providing me with this opportunity to present the Government's proposals on whistleblower protection legislation. In addition to hearing the views of the committee on the general scheme or draft heads of the protected disclosure in the public interest Bill, I hope to be able to provide any additional information which members might require and answer their questions on these important legislative proposals. I look forward in due course to receiving the committee's formal views on the scope and design of the whistleblower protection regime which is being developed.
As members will be aware the programme for Government contains a commitment to introduce whistleblower legislation. Following Government approval, the general scheme of a Bill was published at the end of February last with a view to informing public debate on the measures and to give interested parties the opportunity to provide their input and observations on the proposed approach.
In that context, officials in my Department have already consulted with the Irish Congress of Trade Unions and Transparency International. I am pleased that the initial feedback received on the legislative proposals has generally been positive. It is also important to stress that these proposals meet the recommendation included in the recent report of the Mahon tribunal to introduce a cross-sectoral whistleblower protection Act in place of the existing sectoral approach to whistleblowing protection. According to the tribunal this fragmented approach has led to a complex and opaque system for protecting whistleblowers which is likely to deter at least some from reporting corruption offences.
I strongly believe it is vital that Members of the Oireachtas are provided with an opportunity to consider these proposals and outline their views and perspectives at an early stage in the legislative process. Too often in the case of important legislative initiatives the first real opportunity available for Members to contribute to the legislative process is on Second Stage subsequent to the publication of a Bill. I have an open mind on this legislation and will happily embrace any ideas that might improve it. Important steps have already been taken to promote the role of Oireachtas committees in undertaking what is termed a pre-legislative scrutiny role. This allows Oireachtas committees to consider draft legislation at an earlier stage and has resulted in a more meaningful input into law making.
Strengthening the role of the Houses of the Oireachtas in this vital respect is central to the Government's political reform agenda. While there has been some engagement by my Department with key stakeholders it is critical that Oireachtas committees are given greater opportunities to lead and drive this process, particularly in the case of important reform initiatives such as whistleblowing legislation. One of the positive results which I hope will emerge from the work under way to regulate lobbying is that discussions with key stakeholders on legislative measures will take place within a structured public process rather than behind closed doors. We will deal with the lobbying legislation separately but rather than people coming to me perhaps they should come before this committee to express and test their views in public. That should be the case generally in legislation.
A structured engagement with the Oireachtas on the legislative proposals is warranted at the earlier heads of Bill stage, particularly since whistleblowing has been described by an authoritative international expert as one of the most complex, conflict-ridden areas of public policy or legislative practice. I am confident that a review will bring significant benefits in terms of the final design and content of the legislation in delivering on Government policy objectives for safeguarding whistleblowers. It will also help ensure that we correctly strike the delicate balance in considering the seriousness of the public interest claimed to be at stake against the extent to which the would-be whistleblower's actions were reasonable in the circumstances. I am grateful to the committee for its willingness to undertake this work.
The results of a recent Eurobarometer poll remind us - if we needed reminding - of the extent to which a lack of trust in the integrity of business and politics continues to be of significant concern in Ireland, with over eight out of ten people feeling that corruption remains a major problem. The OECD, among several other authoritative international bodies, has highlighted how facilitating the reporting of misconduct by employees could substantially help organisations detect and respond swiftly to ethical or integrity violations such as fraud and corruption, and in the public sector the mismanagement and misuse of public funds.
Organisations in both the public and private sectors should therefore welcome the whistleblower who is prepared to disclose information on serious wrongdoing in a workplace as a critical element in detecting and ameliorating malfeasance. Unfortunately experience shows this is seldom the case and the act of whistleblowing usually damages the career of the whistleblower as well as the image of the organisation concerned.
The proposed protected disclosure in the public interest legislation can play an important role in encouraging the decisive shift required in the culture of organisations and the perspectives of those working in them to accept the positive contribution that whistleblowing can make to identifying and mitigating significant reputational risks to organisations. The most effective way to prevent retaliation against whistleblowers is through changes in organisational practice and culture. Employees who take the risk of disclosing information on serious wrongdoing in the workplace with the public interest as their goal, deserve strong legal protections against victimisation or reprisals for having taken that action.
The proposed legislation is intended to underpin the development of a business environment in both the public and private sectors where wrongdoing is reported and the negative and undesirable consequences for the individual who discloses such information are minimised or indeed eliminated. Commentators have rightly stressed that it is unethical for an organisation to encourage its employees to report wrongdoing if it does not also provide appropriate protection when an employee who responded to this call suffers retaliation. The proposed legislation offers accessible reporting channels to those who want to report wrongdoing. A key objective is to enable the reporting of potential wrongdoing in a manner which resolves the problem at the earliest possible stage without matters developing to the point where the question of public whistleblowing arises with all the attendant difficulties and problems that it creates.
The introduction of effective whistleblowing protections applying to all elements of the public service and private sector is an important step in facilitating the bringing of serious wrongdoing to light. It also has an important role to play in helping to rebuild Ireland's international reputation following major systemic failures in corporate governance and institutional performance which have been widely documented. The proposed legislation is aligned with best practice internationally, constituting a dedicated, comprehensive and standalone legislative framework in terms of consistency of approach, legal clarity and certainty, and heightened visibility. At the corporate and organisational level, the proposed whistleblowing legislation provides the opportunity for all relevant bodies to assess the extent to which their systems, processes and culture support the business conduct and outcomes that would stand up to external scrutiny in future circumstances, and that strong legal protections are available to employees who draw attention to wrongdoing and misconduct.
The draft heads of the protected disclosures in the public interest Bill 2012 provide for an overarching legislative framework for good faith reporting and protected disclosure on a uniform basis for all sectors of the economy covering the public and private sectors. This includes the Garda Síochána and the Defence Forces, subject to specific provisions aligning the making of protected disclosures with safeguarding sensitive or secret information relating to security, intelligence and defence matters and maintaining the integrity of criminal investigations. The primary elements of the proposed legislative proposals include: extensive coverage of persons in the workplace environment; coverage of a broad scope of wrongdoing; and provision of a number of disclosure channels through which, subject to what is intended to be a stepped disclosure regime, the disclosure of information regarding potential wrongdoing can be communicated to an appropriate authority for investigation. It also details the protections which a whistleblower can avail of in the case of having made a protected disclosure and the proposed mechanisms for redress.
A detailed presentation has been circulated to members of the committee outlining the key points and key features of the scheme.
The introduction of whistleblowers legislation in Ireland represents a further significant step forward in the delivery of the Government's reform agenda. It underscores the Government's commitment to restoring fully Ireland's international reputation and significantly enhancing corporate governance and standards of accountability. It presents organisations with a significant external legal benchmark against which they can measure and assess key conduct and behaviours that lead to long-term organisational and business stability and sustainability.
