‘The Most Significant Setback For The Fight Against White Collar Crime In A Decade’


Heather Humphreys, Minister for Business, Enterprise and Innovation

An open letter to the Minister for Business, Enterprise and Innovation, Heather Humphreys calling on her to withdraw an amendment to Ireland’s whistleblower law which, claim the signatories, could lead to workers facing legal action or criminal prosecution and allow businesses to stop their employees from reporting fraud and corruption to the regulators and the Gardaí.

Via Transparency International ireland

The amendment has been made under the EU Protection of Trade Secrets Regulation and has recently been introduced by Minister Humphreys to transpose the EU Trade Secrets Directive. The regulation amends Ireland’s Protected Disclosures Act 2014 (PDA) to require whistleblowers to show they were motivated by the general public interest, even if they report a crime to the relevant authorities and their allegations are true.

John Devitt, Chief Executive of Transparency International (TI) Ireland, says:

‘”his represents the single-most significant set-back for the fight against white-collar-crime in a decade. Banking and private healthcare whistleblowers are now going to think twice about coming forward.

Requiring a whistleblower to show they were motivated by the general public interest means that many whistleblowers will be expected to show that their motives were pure, that they bore no ill-will towards their colleagues or that they were the ideal employee.

Lawyers for rogue employers or trade-secret holders will inevitably question the whistleblower’s character to show that they were motivated by malice or self-interest

Irish whistleblowers could face criminal prosecution for reporting white-collar-crimes and cover-ups (Transparency Ireland)


Thanks John Finucane

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16 thoughts on “‘The Most Significant Setback For The Fight Against White Collar Crime In A Decade’

        1. bisted

          …Heather’s credentials for being made Arts minister included having reached a ‘high’ grade in piano lessons…had she stuck with the lessons she would have reached proficiency in playing the immensley challenging ‘chopsticks’ opus…

          1. kellma

            I reached a “high” grade in pianoforte myself back in the day and can’t play for poo now…

    1. Cian

      That is one outcome with our system of government.

      Ministers are chosen from a pool of TDs[1]; And the skills needed to become a TD are not the skills needed to be a competent Minister. This pool of 157 is further restricted by party, region and gender.

      Should we adopt a US/French style of government? Whereby we directly elect the Taoiseach, and then s/he can choose anyone to be a Minister – so we have experienced – but non-elected people running the departments.

      [1] or senators – so there is another 66 available;

      1. MaryLou's ArmaLite

        It would be a way of addressing the gender balance issue and might help with the competency issue.

        1. Otis Blue

          Anything that would provide us with competent Ministers would of course be welcome.

          No marks like Naughton, Humphreys, Murphy, Ring, Harris, Creed et al – not to mention the dross at junior Minister level – are given the run around by senior civil servants.

  1. Ron

    So under this proposed legislation, what they initially tried to do to Maurice Mc Cabe i.e. attack his motivation line of defence would be fair game.

    Disgusting disgusting disgusting vermin. Time to drain the swamp in Dail Eireann.

  2. nellyb

    “… ask you to publish the legal advice received by your Department on this matter as well as any submissions received on the transposition of the Directive…” – specific, as it should be

  3. AndrewSB49

    That’s Fine Gaelness fer ya. I don’t think changing the Minister with another Fine Gaeler will change anything – She or he will, of course, do as they’re told.

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