One of the most frustrating things about debates on transparency and the need for new legislation and measures to deal with whistleblowing and related matters is the extent to which people give the impression that there has only been a recent discovery or realisation of the necessity for such measures. Senator Dan Boyle hopes there will not be another general election before something is done about this, but there have already been two general elections and we are well into the third Oireachtas since this issue was raised for public debate in 1999 by Deputy Pat Rabbitte who published a Bill that year to deal with this issue.
It is fully 11 years since this matter was first raised for public debate. It is simply not good enough for anyone, be they a Minister, supporter of the Government or otherwise, to imply that these matters are now coming forward for public consideration and concern and must be addressed in the light of what has happened recently. We knew about these issues many years ago. There is little use in people saying that now we have seen the dreadful things that have occurred which we never thought would happen – the subtext being that they never thought there would be a problem – but on which we have been proven wrong, we must do something about it. It is simply not good enough to give the people that excuse.
The Minister of State referred to the conclusion of the Company Law Review Group. Bluntly, the company law review group is wrong. When we are considering its report and when we are pointing out, as the Minister of State did, the fact that this group of eminent individuals came to this conclusion, we should bluntly state that the conclusion was wrong. Had these matters been considered in the depth and with the realism with which they should have been considered, the group would have come to a different conclusion. Mr. Paul Appleby and Mr. Michael Halpenny, the representative of the ICTU, were the two lone members of the group who maintained the view that it was necessary to bring forward a report that proposed robust whistleblower protection and legislation. When considering the balance sheet of what has occurred, I believe the best way for the Minister of State to view that group’s report is to conclude that it was wrong. We must do something different from what it recommended.