Posts Tagged ‘Protected Disclosures Act’

Protection for (or from) Whistleblowers!

November 29, 2017

Protecting the Whistleblower

Frances Fitzgerald, the Tanaiste has resigned “for the sake of the country“..

Leo Varadkar, the Taoiseach has thanked her, for her service and has declared that it is a shame that a good woman who has done nothing wrong has resigned..

Fianna Faíl have got their way and they will quietly sit in the wings waiting, waiting, waiting until the perfect moment to pull that trigger.  They exercised their power in a big, public gesture and won this power battle..

Noel Waters, Secretary-General of the Department of Justice has decided to take early retirement and he is angry about the witch hunt against the organisation that he has been in charge of..

Noírín O’Sullivan, the Garda Commissioner, who was publicly supported by the Government retired in September (after her holidays!)..

A devious, nasty campaign against Maurice McCabe, the Garda Whistleblower, Parking Fines, Breath Tests – the whole thing is a shambles, a debacle of monumental proportions and yet at this moment in time no one is saying sorry and no one seems to be doing anything to sort anything out.

One of the critical instruments of the State, our police force, is totally out of control and no one is taking any responsibility – “I did nothing wrong“…The problem is that you did nothing!!!

But, phew..the crisis has been averted for now and there will be no General Election this side of Christmas – we can all get on with our shopping.

But..what about the Whistleblower??

Somewhere in the mix, the whole point of all of this seems to have gone over everyone’s heads.

What about Maurice McCabe??

Have we heard anyone in authority saying (in a manner that we believe them) that we will not put up with any corruption in our State organisations as it will not be tolerated and any whistleblower will get all of our protection?

Have we heard anyone apologising publicly to Maurice McCabe?

Instead we have listened to horrendous stories of legal strategies against him and “it wasn’t in my jurisdiction to interfere“.

In this country we have legislation that was enacted in 2014 to protect Whistleblowers.

The Protected Disclosures Act 2014 aims to protect people who raise concerns about possible wrongdoing in the workplace. The Act, which came into effect on 15 July 2014. It provides for redress for employees who are dismissed or otherwise penalised for having reported possible wrongdoing in the workplace. 

Some of the detail:

(from the Citizens Information Board website)

Under the Act, you make a protected disclosure if you are a worker and you disclose relevant information in a particular way.

Information is relevant if it came to your attention in connection with your work and you reasonably believe that it tends to show wrongdoing.

This wrongdoing may be occurring or suspected to be occurring either inside or outside of the country. Even if the information is proved to be incorrect, you are still protected by the Act provided you had a reasonable belief in the information.

Wrongdoing is widely defined in the Act and includes the commission of criminal offences, failure to comply with legal obligations, endangering the health and safety of individuals, damaging the environment, miscarriage of justice, misuse of public funds, and oppressive, discriminatory, grossly negligent or grossly mismanaged acts or omissions by a public body.

The definition also includes the concealment or destruction of information about any of the above wrongdoing.

The Act gives people anonymity, it describes how people should go about making a Protected Disclosure and it outlines how the Employer must act when presented with a disclosure.

All of this sounds great in practice, and there will be a poor sod who actually believes it and goes about reporting something they feel morally bound to do!! (Ssssh..if he/she was a friend or work colleague of yours what would you whisper in their ear?).

The Big Question?

So, taking the whole recent circus into account, lets be really honest here for a moment.

If you were in the scenario, working for a State body and who felt strongly about some bad crap or “wrongdoing” that was going on where you worked what would you do?

I’m guessing you would either shut up and say nothing (and perpetuate the problem) or just leave.

We have all learnt a big lesson – don’t complain!!

This is a wonderful country..

Greg Canty 

Greg Canty is a Partner of Fuzion Communications, a full-service agency that offers Marketing, PR and Branding  services from our offices in Dublin and Cork, Ireland