Whistleblower laws now little more than a monument to transparency tokenism-Ken O’Flynn
Independent Ireland TD Ken O’Flynn has delivered a scathing evaluation of the inadequacies of whistleblower legislation particularly with respect to the practical impact of the Protected Disclosures Act 2014 on those seeking to expose systemic state failures.
The Cork North-Central TD raised the matter during Leaders Questions with Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, Jack Chambers.
Deputy O’Flynn highlighted a number of ongoing barriers impeding the effective implementation of the existing Protected Disclosure regime, including a lack of statutory access to legal aid and the prevalence of a culture of institutional silence leading to profound personal and professional hardship for those who attempt to blow the whistle regarding state or organisational wrongdoing:
“From 2014 to 2022 Fine Gael and Fianna Fail Governments brought forward various iterations of, and amendments to, Protected Disclosure legislation. Yet despite this fact, what we see in reality is that the current legislative and commission architecture surrounding the practice of whistleblowing in Ireland is essentially a commitment to doing the bare minimum.”
“This is a policy that champions caution over courage and it is now actively ensuring that many coverups regarding wrongdoing will continue to fester and poison society from within through the continuation of organisational practices that the legislation was ostensibly designed to protect us from.”
“Those who wish to come forward must still wade through vague definitions, an immense cost burden, both financial and professional, and a lingering legitimate fear that doing the right thing in Ireland will lead to institutional retaliation and the imposition of ‘crank’ status on the individuals concerned.”
“Government must move beyond the comforting myth that we have robust whistleblower legislation. We do not. I accept we have the outline of robust legislation but in the absence of real, supporting and levelling mechanisms such as improved access to legal aid, then whistleblowers will continue to shout into the void thereby ensuring the rest of us are kept in the dark while the damage is being done.”
