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Minister Shatter gets Government approval to provide for whistleblower protections in the Criminal Justice Bill 2011

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