Minister for Public Expenditure Brendan Howlin has this week published the Protected Disclosure in the Public Interest Bill which, if enacted will protect the employee who reveals an employer for taking part in any wrongdoing . The proposed legislation will affect both the Public and Private sectors.
While the Bill is at this stage, just a draft, it allows workers to expose employers for criminal offences, failure to comply with legal obligations, risk to health and safety or damage to the environment, irregularities in terms of public monies and gross mismanagement by public officials amongst many more. The Bill provides for a ‘stepped’ disclosure regime, making a number of disclosure channels available to those who wish to make what is called a Protected Disclosure. These include internal, regulatory and external channels. Internal would be disclosure to an employer, regulatory would be disclosure to an external body and external would be disclosure to the likes of a public representative or the media for example.
The purpose of this proposed law is to safeguard workers and prevent them from being at any detriment should they ‘blow the whistle’ on the employer for any wrongdoing. It also provides immunity against civil or criminal liability in certain circumstances.
The proposed legislation highlights the responsibility of employers to ensure there are effective internal mechanisms in place to deal with whistleblowing complaints. Employers will also be obliged to develop a culture where whistleblowing is a key element of corporate risk management.
In light of the economic collapse within Ireland in recent years, it is obvious to many people that having such legislation in place could well have helped prevent such massive fallout or at least softened the blow somewhat. On the other side of the fence however, the proposed legislation represents further red tape for and obligations on employers once the Bill is enacted. It is important for employers to ensure they are fully aware of the legislation once enacted and to ensure employees are aware of their rights when it comes to making a protected disclosure. Indeed the legislation will be welcomed by many and if used in the correct manner can only serve to protect both employees and the Organisation itself.
If you have any queries about the Protected Disclosure in the Public Interest Bill, please contact our 24 hour advice service on 01 8555050 where one of our experienced advisors will be happy to assist.
