February 28, 2012 · 8:43 am

Brendan Howlin promises Whistleblower legislation in Ireland will be ‘best in the world’

Minister Howlin

WHISTLEBLOWER Bill minister Brendan Howlin this mornign promisedto make whistleblower legislation the ‘best in the world’.

And he urged interested organisations or civil rights groups with a view on how that legislation should be formed to get in touch.

Speaking on RTE’s Morning Ireland he said: ‘We need to see how the UK legislation has worked and to ensure we have the best scheme avaialable in the world.

‘We promised we would have an over-arching law that would (allow whistleblowers) expose wrong doing.’

He said his department had ‘looked at best international proactice’, and the Bill will use UK and New Zealand legislation as templates

He said there should have been protection for whistleblowers in the past, especially during the ‘collapse in our economy’ and for people ‘who should have been able to shout stop and weren’t able to’.

He said one of the main points of the Bill will be designed ‘without putting the whistleblower in any hazzard’

He added: ‘We are looking at any glitches and open to suggestions.’

Minnister Howlin was, unfortunately,  interupted before he could give a categorical guarantee that whistleblowers who go to the press – what he described as ‘the end of the graduated sphere’ – with their concerns will be protected.

When asked if those who go to the press will be protected, he only got as far as saying: ‘They will be protected from bringing this . . . ‘

Although he assured that all whistleblowers will be protected, he did admit that where someone blows a whistle in a small office environment it ‘will be difficult to protect’ them.

He said: ‘They will be protected, they can’t be sacked and if they feel they can’t work they will be entitled to compensation.

‘There will be a legal responsibility to protect the information and the giver of the information.’

But, he added, ‘that might not be possible in every circumstances’.

Do you have a whistle to blow? Call 087 919 9113.

You do not have to give your name and any information you give will be taken in the strictest of confidence.

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February 27, 2012 · 5:28 pm

Whistleblowers Bill will protect whistleblowers in Ireland, says Brendan Howlin

THE GOVERNMENT today published the Draft Heads of the Protected Disclosure in the Public Interest Bill 2012.

The Bill will ‘ensure the protection of workers in all sectors of the economy’ against reprisals in circumstances that they make a disclosure of information relating to wrongdoing which comes to their attention in the workplace.

It will ‘provide for a stepped disclosure regime’ in which a worker can make a protected disclosure and will ‘safeguard a worker who has made a protected disclosure from being subject to occupational detriment also providing immunity against civil liability and criminal liability in certain circumstances’.

If, however, a worker does end up suffering ‘detriment’ as a result of making a ‘protected disclosure’, the Bill will ‘make available certain significant remedies providing redress’.

The Minister for Public Expenditure and Reform, Brendan Howlin said: ‘This Government is committed to a significant political reform agenda.

‘A key part of this as set out in the programme for Government is our commitment to legislate to protect Whistleblowers who speak out against wrongdoing, or cover-ups, whether in public or the private sector.

‘This could encompass, for example, criminal misconduct, corruption, the breach of a legal obligation, risk to health and safety, damage to the environment or gross mismanagement in the public service.

‘The Heads of Bill published today will provide, for the first time for employees inIreland, a single overarching framework protecting whistleblowers in a uniform manner in all sectors of the economy.

‘This is a huge advancement from the previous piecemeal approach where the patchwork of protections resulted in a fragmented and confusing standards of protection. A key element of the proposed legislation is that it treats all parties equally and fairly within an integrated legal framework that is open and transparent.’

According to the general scheme of the Bill, ‘A protected disclosure means any disclosure of information regarding any conduct of an employer made by a worker which in the reasonable belief of the worker making the disclosure the information concerned shows or tends to show one or more of the following :

(a) A criminal offence has been, is being or is likely to be committed.

(b) A person has failed, is failing or is likely to fail to comply with any legal obligation to which he or she is subject.

(c) A miscarriage of justice has occurred, is occurring or is likely to occur.

(d) The health and safety of any individual has been, is being or is likely to be endangered.

(e) The environment has been, is being or is likely to be damaged.

(f) An unlawful, corrupt, or irregular use of funds or resources of a public sector body has occurred, is occurring or is likely to occur.

(g) An unlawful, corrupt or irregular use of public monies has occurred, is occurring or is likely to occur.

(h) An act, omission, or course of conduct by a public official is oppressive, improperly discriminatory, or grossly negligent, or constitutes gross mismanagement.

(i) Information tending to show that any matter falling within any one of the preceding paragraphs, whether alone or in combination has been, is being or is likely to be deliberately concealed.

It also states that:  ‘A disclosure is a protected disclosure under this Act whether the impropriety occurred before the commencement of this Act or occurs thereafter.

‘A disclosure is not a protected disclosure where the person making the disclosures does so knowing that the disclosure is false or misleading or where he/she made the disclosure recklessly without regard to whether it was false or misleading, frivolous or vexatious.’

General scheme of the Bill can be found here.

 

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October 12, 2011 · 9:21 pm

Ciminal Justice Act 2011 and white collar crime.

Criminal Justice Act 2011.

Below are a series of questions to and answers from the Department of Justice in September of interest to anybody considering blowing a whistle in the media where it relates to white collar crime.

DISCLAIMER NOTICE

Nothing in the information below should be construed as qualified legal advice. Whistleblowers Ireland are not responsible for any inaccuracies. However, we have gone to considerable lengths to ensure the accuracy of the information below. The piece is strictly for guidance purposes only. Anybody wishing to act on any of the information contained below is actively encouraged to seek professional legal advice.

Question 1: Have the new provisions come into effect?

Answer: The provisions of the Criminal Justice Act 2011 relating to the investigation of white collar crime came into operation on 9th August 2011.  The remaining provisions (sections 5, 7(c) and 9 to 14) will be brought into operation at a later date.

Question 2: If a journalist receives information about white collar crime during the course of their work, where do they stand?

Answer: Section 19 of the Act provides for the offence of withholding information. It provides that a person commits an offence if he or she has information which he or she knows or believes might be of material assistance in preventing the commission of a relevant offence (within the meaning of the Act) or in securing the apprehension, prosecution or conviction of a person for such an offence and fails without reasonable excuse to disclose the information as soon as practicable to a member of the Garda Síochána. Whether an offence is disclosed in any particular circumstances depends on the facts of the case and would ultimately be a matter for the court to decide.

Question 3: Under what circumstances can journalists publish information they receive that relates to white collar crime and how is their ability to work as a journalist protected in any way by the act?

Answer: The Act does not provide specific restrictions on publication.

Question 4: If a member of the public has a whistle to blow about a white collar crime, and they come forward to blow that whistle in a newspaper – where does the member of public stand?

Answer: Section 19 of the Act provides for the offence of withholding information. It provides that a person commits an offence if he or she has information which he or she knows or believes might be of material assistance in preventing the commission of a relevant offence (within the meaning of the Act) or in securing the apprehension, prosecution or conviction of a person for such an offence and fails without reasonable excuse to disclose the information as soon as practicable to a member of the Garda Síochána. Whether an offence is disclosed in any particular circumstances depends on the facts of the case and would ultimately be a matter for the court to decide.

Question 5: If a member of public comes forward with information about white collar crime but they have also previously signed a confidentiality agreement when they started work with the employer they wish to blow the whistle about, what specific protection does the act have against that employee being sued in a civil court for breaching the terms of that confidentiality agreement? Where is this specifically covered in the act?

Answer: An agreement compelling a person to commit an offence is not enforceable at law. Section 20 and Schedule 2 contain extensive  whistleblower protections against penalisation by employers.

Question 6. Under the terms of the act, can a journalist face prosecution for not reporting an alleged white collar crime to the Gardai before writing and getting published a story about the alleged crime? Where is this specifically covered in the act?

Answer: Section 19 of the Act provides for the offence of withholding information. It provides that a person commits an offence if he or she has information which he or she knows or believes might be of material assistance in preventing the commission of a relevant offence (within the meaning of the Act) or in securing the apprehension, prosecution or conviction of a person for such an offence and fails without reasonable excuse to disclose the information as soon as practicable to a member of the Garda Síochána.  Whether an offence is disclosed in any particular circumstances depends on the facts of the case and would ultimately be a matter for the court to decide.

Question 7: Under the terms of the act, can a member of the public face prosecution for not reporting an alleged white collar crime to the gardai before contacting a journalist? Where is this specifically covered in the act?

Answer: Section 19 of the Act provides for the offence of withholding information. It provides that a person commits an offence if he or she has information which he or she knows or believes might be of material assistance in preventing the commission of a relevant offence (within the meaning of the Act) or in securing the apprehension, prosecution or conviction of a person for such an offence and fails without reasonable excuse to disclose the information as soon as practicable to a member of the Garda Síochána. Whether an offence is disclosed in any particular circumstances depends on the facts of the case and would ultimately be a matter for the court to decide.

Question 8: Is the act retrospective?

Answer: While the Act is not retrospective that does not mean that its requirements will not have implications for persons who, for example, have information in relation to a relevant offence committed prior to the coming into effect of the Act.

The Minister explained this  in a press statement. He said: ‘People who have information relating to current investigations into financial wrongdoing, even if it predates the enactment of this legislation, who have not made that information available to An Garda Síochána, need to be aware that following the commencement of this Act, they will be under a legal obligation to assist the Gardaí in their investigations.

‘Should it emerge, following the commencement of this Act, that they failed to do so, they themselves will be liable to criminal charges. This is just one of the reasons why this Act is so important in the context of current investigations.’

Whistleblowersireland postscript. You cannot be bound by law to do anything that is contrary to the law. By that, an employer cannot sue for breach of contract if by doing so, the employee is being bound to conceal a crime. However, it is worth bearing in mind that the information that gets revealed would have to relate to a criminal offence.

You can download a .pdf of the act from the Oireachtas website in its Bills and Legislation section or by clicking  here .

Have you a whistle to blow? Call 087 919 9113 or email contact @ irishwhistleblower.com in the strictest of confidence

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September 10, 2011 · 12:02 pm

Whistleblowers Ireland appeal – for legal advice.

Are you a lawyer/barrister with a passion for public interest law and experience in fighting cases relating to a) company law in general and confidentiality clauses/breaches of contract specifically and b) the Criminal Justice Act in general and laws governing disclosure specifically and c) whistleblower protection based on existing law? Then would you be interested in getting involved with Whistleblowers Ireland?

We are getting an increased number of calls from one particular type of whistleblower – those with details of white collar crime who a) want to breach confidentiality clauses they have had to sign by the employer they want to blow the whistle on and b) want to know to what extent exisitng laws in Ireland can protect them against criminal and civil prosectution and c) intend taking their employers to court for issues including constructive/unfair dismissal.

If this is something you would be interested in helping out on, we would like to engage you by emailing legal enquiries from would-be whistleblowers. We would act as the middle men – pass your replies back to the would-be whistleblower and should they need to engage your services further down the line, we would pass them your contact details if appropriate.

We already have one junior barrister who has been helping us out but they are not always available and we want to build a contacts base among solicitors and barristers who have a passion for public interest-related legal issues.

If this is something that is of interest to you or anyone you know – please get in touch by either calling 087 919 9113 or emailing contact @ irishwhistleblower.com

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August 23, 2011 · 9:59 am

IMF/EU Bailed-out banks Ireland

Do you work in an Irish bank that has been bailed out by the IMF/EU and Irish tax payer and have a whistle to blow? If so, give us a call and talk through the issue in absolute confidence.

Do not call or email Whistleblowers Ireland from work or home if you you want to conceal your identity and at no time do we need to know your name. If you don’t want anybody else to know you have called us, just don’t tell anybody else. There are other precautions you could take, and these are outlined here.

Below are some pointers in presenting your information.

Some pointers:

1. What is the nature of your concern?

2. What specific evidence have you got?

3. Are you an employee or an ex-employee of the company/organisation/entity you are blowing the whistle on?

4. Have you tried any internal complaints procedure? If so, what was the outcome?

5. Have you lodged any complaint with any official body? If so – who, when, who did you speak to and what was the outcome?

6. Has ANY aspect of your allegation ever been published in any Irish newspaper and can you send us the link to it online?

7. Has any TD or senator been contacted? If so, who, when and what was the outcome?

8. Have you any specific dates, pointers or information that could provide the basis for a Whistleblowers Ireland Freedom of Information request on your behalf?

9. Can we contact you, either by phone or in person?

10. Would you – at some stage in the future – ever be prepared to go public and/or sign an affidavit?

11. Have you spoken to any journalists before?

12. Do you have a criminal record? If so – what is it for, and did you receive a suspended sentence? If so, how long was it for? Did you receive a custodial sentence?

13. Are you on any medication?

14. Could you be prosecuted for getting in touch with Whistleblowers Ireland? If so – have you taken legal advice and can we contact your lawyer?

15. If your concerns relate to a crime having been or being committed, have you contacted the Gardai? If so – which station did you contact and what has been the outcome? If you haven’t contacted the gardai, why not?

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August 9, 2011 · 1:52 pm

Maternity wards and mid-wives – an appeal for information.

Are you a mid-wife or other maternity staff working in an Irish hospital and have any serious concerns about staffing levels or quality of patient care?

Please call Whistleblowers Ireland on 087 919 9113 or email contact @ irishwhistleblower.com

You do not have to give your name and we do not need to know your number but we would like to hear from you if you have details of any specific incident that has happened in the maternity ward of your hospital over the past few weeks/months and you think the issue is serious enough for press attention and you feel you have nobody else to turn to.

If you have details of an incident, please be as specific as possible – including when (date/time) did the incident happen, why did it happen (not enough staff, unqualified staff), and what was done about it (was it reported, investigated and dealt with).

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July 15, 2011 · 2:07 pm

Social welfare and benefits fraud – 071 967 2648.

Unless you have specific proof or sufficient information about benefits fraud that a) involves a paid public servant abusing his/her office to commit large-scale fraud involving a large number of people around Ireland or b) a private individual committing large-scale fraud involving a large number of people, you should contact the Department of Social Protection on 071 967 2648.

In all cases of suspected benefits fraud, you should contact them, but we’d certainly be interested if there was a whistle to be blown on something that involves a large amount of tax payers’ cash and  involves a large number of people.

We are receiving an increasing number of calls from people wanting to blow the whistle on their neighbours or people they know who they believe are fraudulantly claiming benefits. However, as a self-funded organisation, we just don’t have the resources to investigate/substantiate single reports of localised benefits fraud.

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