Government protection for whistleblowers

FOR far too long in this country, many people have lived in fear and dread when they know things are amiss in the workplace; things being done, shall we say, not by the book.

While people’s instinct might be to do the right thing and bring the issue to the attention of the appropriate authorities, their heads tells them they risk a backlash from employers and fellow workers, even to the point of losing their job.
It’s been, with rare exceptions, a case of “hear no evil, see no evil and speak no evil”.
Whistleblowers are bad news for the companies they work for or know enough about to spill the beans.
Whistleblowers certainly win plaudits from the public at large for their courageous stance, as with the recent Dublin nursing home exposé, but the personal toll in terms of mental strain and loss of earnings can be very costly.
The need for a whistleblower’s charter has been championed for quite a while. Minister for Justice, Equality and Defence Alan Shatter took a step in the right direction this week in obtaining Government approval to provide whistleblower protection in the Criminal Justice Bill 2011. This is in accordance with the agreed Programme for Government.
Currently before the Dáil, the bill will provide new procedures and powers to An Garda Síochána to speed up current and future investigations into white-collar crime.
The bill provides, in Section 19, for a new offence of failing to provide information to the gardaí about complex white-collar offences. To balance things up, however, the minister is proposing to enact strong legislation to protect people who come forward with information in accordance with that particular section.
A person found guilty of withholding information from the gardaí will be liable on summary conviction to a fine and imprisonment for a period not exceeding 12 months or both, or on conviction on indictment, to a fine or imprisonment for a term not exceeding five years, or both.
Minister Shatter does not want to delay in any way the enactment of the Criminal Justice Bill 2011, pending the enactment of more comprehensive whistleblower measures. That is why, on Tuesday, he obtained Government approval to provide for substantial whistleblower protections in the bill.
“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 minister said.
“The protections that I intend to provide are substantial and will provide for criminal penalties where an employer 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 Labour Court,” he added.
The new legislation should prove to be a potent weapon in the war on white-collar crime. It will, of course, take time for potential whistleblowers to take a leap of faith and test the level of support it provides.
It’s all so easy to direct our anger at criminals who steal and burgle and carry out assaults. Their handwork is plain to be seen but a steady stream of cynical, hidden criminality is being perpetrated day after day across a wide range of industries and businesses. Suspect accounting, bad and dangerous work practices, flouting safety regulations and many other issues are happening under the radar and the authorities can do nothing without evidence. For such companies, the final whistle is long overdue.

Spotlight on Clare soccer

CLARE’S reputation as a county to embrace all sporting disciplines will be underlined next week when a comprehensive programme of soccer club activities will culminate with the Football Association of Ireland’s annual general meeting in Ennis on July 16.
Clare soccer is in good shape and considerable progress has been made in recent years, with the game having a presence in virtually every town and village in the county. A number of Clare teams also compete in Limerick and Tipperary leagues.
Club and league sides perform at a consistently high level and in addition to the work on the County Grounds at Doora, top-class grounds have been developed by a number of progressive clubs.
In hosting the 2011 AGM, Clare and District Soccer League will showcase the work being carried out in the 50 or so affiliated clubs, their successes on the field and the various efforts to promote the game, especially through underage academies and FAI-approved coaching programmes for both boys and girls.
FAI president, Paddy McCaul; CEO, John Delaney and soccer ambassadors and former international stars, Ray Houghton and John Aldridge will be among the visitors who will attend summer schools, fun days, competitions, social events and the AGM itself. Staff from the technical section of the FAI will also be in Clare for the week.
Eagerly awaited are details of the €100,000 grant fund to be divided among Clare League clubs. There will also be particular interest in the presence in Clare on Friday next of Republic of Ireland manager, Giovanni Trappatoni. He will do his bit for local tourism, as the Cliffs of Moher will provide the backdrop to his announcement of the Irish squad to play Croatia.
While those directly involved in soccer will acknowledge the time and effort invested by organising committee chairman, Jim Madden and his team in bringing the FAI AGM to Clare, the benefits will ripple across the community.
FAI staff will account for 100 bed nights next week, while 210 bedrooms are booked for delegates in Ennis hotels. The roadshow is also expected to generate a spend in various communities.
With kick-off on Monday morning, this is a great opportunity for the Clare League to demonstrate that it has what it takes to be a winner both on and off the field.