Michael McGrath (Cork South Central, Fianna Fail) | Oireachtas source

I will reiterate the point I made with regard to retrospective application. In passing legislation, it is always difficult to seek to have its impact made retrospective. We will take it as far as we possibly can. We will stretch the boundaries within the legal parameters that are there. That is why I am engaging with the Attorney General. I look forward to discussing the issue with the committee. I know that many whistleblowers who have made protected disclosures are looking to this Bill with hope. They see it as an opportunity to improve the outlook for them and to improve the outcome they are likely to get from the process.

It is important to highlight to people that there are already supports there, including the Transparency International Ireland helpline. That organisation has a very useful guide on its website to support whistleblowers. As the Deputies will know, there are provisions under the existing Act for taking a case to the Workplace Relations Commission, WRC. Under sections 12 and 13, any person who suffers any form of penalisation other than dismissal, for example, harassment, ostracism, transfer of duties, demotion and so on, can make a complaint to the WRC. Any person who has been dismissed can bring a case under section 11 of the Act. The WRC will examine each case in detail and on its own merits and, as the Deputies will know, it can make an award of up to five times the salary of the person concerned. There are existing protections there and it is important that we make that clear to people.

I accept that issues have arisen in the context of the existing legislation and that we need to improve upon these. I look forward to working with the Deputies opposite and all other colleagues in the House in that regard. My own agenda is to modernise the system of protected disclosures in Ireland and to extend protections to those who have the courage to speak up and call out wrongdoing to the greatest extent possible and to ensure they are supported. That is my singular agenda in bringing forward this Bill. I know that aim is shared by the Deputies opposite. I will work with them in a spirit of co-operation to make this Bill the best it can be.

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