Plans to protect whistle blowers revealed

The Government yesterday published legislative plans aimed at protecting whistleblowers.

The legislation, if enacted, would protect a worker who reveals wrongdoing from employer retribution. It would apply across both the public and private sectors.

However, there would be restrictions on the way in which gardaí or Defence Forces personnel could make disclosures because of the sensitive information they deal with.

The heads — or rough outline — of the “Protected Disclosure in the Public Interest Bill 2012” — were published by Brendan Howlin, the public expenditure minister, yesterday.

The bill would allow workers to blow the whistle in a range of cases, such as:

* Criminal offences;

* Where a person has failed, is failing, or is likely to fail to comply with legal obligations;

* Miscarriages of justice;

* Where the environment has been, is being, or is likely to be damaged;

* Unlawful, corrupt or irregular use of public monies;

* Oppression, discrimination, gross negligence or gross mismanagement by public officials.

The bill provides for a “stepped” system of channels through which workers can blow the whistle.

These channels will be internal, regulatory and external.

Internal would be disclosure to an employer, while regulatory would be disclosure to an external body with the legal powers to investigate the matter.

External would include disclosure to a public representative or the media.

However, in the case of law enforcement, the scope for external disclosure would be limited to a TD with no potential for disclosure to the media.

Mr Howlin’s department said this provision was “in order to safeguard the integrity of criminal investigations”.

The key aim of the bill will be to protect whistleblowers who make disclosures in good faith, believing the allegations to be true.

Employers will not be allowed dismiss or take disciplinary action or any other forms of reprisal against a whisteblower who meets the criteria laid down in the legislation.

Among other protections, whisteblowers will also have immunity from any civil liability as a consequence of having made a qualifying disclosure.

“This bill will protect whistleblowers who speak out against wrongdoing, or cover-ups, whether in the public or the private sector,” Mr Howlin pledged.

The finalised version of the bill will be published before the summer and then proceed through the Dáil and Seanad.

Anti-corruption campaign group Transparency International Ireland welcomed the proposals.

The organisation’s chief executive, John Devitt, said the bill “could be as important as the original Freedom of Information Act in protecting the public interest”.

“There are some improvements to be made, but I think we’re on the right track,” he said.