Protecting whistleblowers

Madam, - The suggestion by Capt Evan Cullen of the Irish Airline Pilots Association (May 14th) that the Irish Aviation Authority…

Madam, - The suggestion by Capt Evan Cullen of the Irish Airline Pilots Association (May 14th) that the Irish Aviation Authority should establish a confidential reporting system for whistleblowers from within the aviation industry is commendable but unfortunately flawed.

The underlining principle of a "whistleblowers' charter" is to provide protection to an employee who, having discovered something seriously wrong wishes to bring it to the attention of higher authority so that something can be done to correct it.

However, whistleblowers, when reporting their discoveries to higher authority may be dealing with the very persons who created the problems or who knew about them and opted to do nothing. Employees could be moved away from the disputed area, silenced and pressured to leave their jobs. A whistleblower is also open to being sued under the laws of libel and slander.

Imagine a town planner in the old Dublin County Council who came across a corrupt planning application and reported his/her concerns to the assistant county manager, George Redmond. Enough said. For this reason alone, in-house "whistleblower's charters" and industry self-regulation simply will not work.

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What is required is a new law, similar to the UK's Public Interest Disclosures Act (PIDA) of 1998. This grants a whistleblower legal protection, provided what is disclosed is in the public interest, is not done for reward, and is believed to be true.

He/she must not suffer detriment or victimisation from an employer. He/she cannot be sued for libel or slander. If the whistleblower does suffer as a result an industrial tribunal can award unlimited damages against the employer.

Further protection is granted under the PIDA to whistleblowers who, having raised their concerns, see a cover-up taking place. Whistleblowers may then take their concerns outside the company or department and report directly to higher authority as far as a government minister - in certain circumstances, even to the media.

Employees who discover something seriously wrong will need more than a simple whistleblowers' charter or confidential reporting system for protection. They need the full backing of law. - Yours, etc.,

TONY MacGABHANN, Pemberton, Bray, Co Wicklow.