The Minister for Justice, Equality and Defence, Mr Alan Shatter T.D., today
obtained Government approval to provide for whistleblower protection in the
Criminal Justice Bill 2011.
The Criminal Justice Bill 2011, currently before the Dáil, will provide new
procedures and powers to the Garda Síochána to speed up both current and
future investigations into complex white collar crime. The Minister intends
that the Bill will be enacted before the summer recess.
The Bill provides, in section 19, for a new offence of failing to provide
information to the Gardaí in relation to complex white collar offences. As
a counterbalance to this offence, the Minister is proposing to introduce
strong legal protection for persons who disclose information as required by
section 19. The Minister considers it important that persons who comply
with the requirements of the Criminal Justice Bill 2011 must be protected
against being dismissed from their employment or suffering penalisation in
the workplace as a consequence of such compliance.
The provision of whistleblower protection generally is an important
commitment in the Agreed Programme for Government. However, the Minister
does not want to delay enactment of the Criminal Justice Bill 2011 pending
the enactment of more comprehensive whistleblower protections generally.
Accordingly, he has today obtained Government approval to provide for
substantial whistleblower protections in the Criminal Justice Bill.
The Minister said “I am satisfied that there is a need to provide for
whistleblower protection in the Criminal Justice Bill 2011. The protections
will underpin the obligations being provided for in the Bill on persons to
provide information to the Gardaí in relation to complex white collar
crime. It is important that persons who provide this information will not
be dismissed from their employment or suffer penalisation in the workplace
as a result of their compliance with the requirements of the Bill.
The protections that I intend to provide are substantial and will provide
for criminal penalties where an employee penalises a whistleblower, as well
as easily-accessible civil law remedies for employees. An employee will be
able to seek redress from a Rights Commissioner and ultimately from the