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Ireland introduces whistle-blower legislation printable version
08 Nov 2014: posted by the editor - Ireland
As part of its programme of 'political reform', the Government has enacted new legislation designed to to protect whistleblowers.
Minister for Jobs, Enterprise and Innovation, Richard Bruton said"I believe that this is a hugely important piece of legislation, and that whistleblowers have a vital role to play in holding powerful institutions to account and protecting the interests of the taxpayer and the citizen.
"I am aware of reports that an employee of my Department has forwarded documents to the Public Accounts Committee regarding allegations of tax evasion going back over several decades.
"To my knowledge, this is the first disclosure that has been made under the new legislation. This is a very welcome step.
"I understand the concerns the public has about tax evasion, and it is important to reassure people that all allegations in this regard have been examined by the relevant authorities. I am aware that the Public Accounts Committee is examining these issues, and considering whether further action is needed.
"I am constrained in what I can say about these matters as they may be the subject of investigations and future courtcases. I am also constrained in what I can say about them due to my obligations under the new Protected Disclosures legislation.
"Following on from the preliminary inquiries on these matters carried out in my Department since 1998, complete files covering all issues were, following the procedures laid down in the legislation, sent during the years 2004-2010 to the appropriate authorities—the ODCE, the Gardai, the Revenue Commissioners, the Mahon Tribunal and the Moriarty Tribunal. Some of these bodies have reported on the allegations in question and I understand the Gardai investigated them at that time and sent a file to the DPP.
"In relation to the question of a statement under section 19 of the Companies Act 1990, following a request from me to my officials, this matter has been worked on for some time, advice is currently being finalised, and I expect that this statement will be forwarded by my Department to the relevant authorities very shortly.
"This statement relates to wide-ranging and complex matters dating back over many years, and while this work was not completed as quickly as expected due to retirement of key personnel, I am advised that all matters contained in the statement are covered by the documents already submitted to the relevant authorities. I also note the statement issued by the Gardai last night in which it is stated that these matters were investigated in 2007 and that a file has been sent to the DPP.
"The relevant legislation provides for the carrying out of preliminary inquiries on these matters by the authorised officer in my Department; and for the forwarding the material gathered from these inquiries to the appropriate authorities for any further action. Any decisions as to whether to proceed with further action remains a matter for the relevant authorities, and further questions in relation to the progress of these investigations should be directed to those bodies."
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