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Saturday, February 5, 2011

William Fry - Publication - Prevention of Corruption Legislation Enhanced

William Fry - Publication - Prevention of Corruption Legislation Enhanced: "The legislation’s most significant provisions relate to “whistleblowers”. Protection for whistleblowers was introduced in the UK by the Public Interest Disclosure Act 1998, but until now there has been no similar legislative protection in Ireland for whistleblowers. Under the new Act, where a person believes that a corruption offence has been committed and he reports that opinion, he will be protected against actions for damages and other relief unless he knew that, or was reckless as to whether, his opinion was false or vexatious. Whistleblowers must report their opinion to an appropriate person, the list of whom includes a member of An Garda Síochána, the whistleblower’s employer and any “confidential recipient” appointed by the Garda Commissioner to receive such communications in confidence. Where the whistleblower’s opinion is reported to a confidential recipient, his identity will (with some exceptions) be kept confidential. Employers are also prevented from penalising employees who have reported, or intend to report, corruption offences and the new legislation sets out a redress procedure for such employees."?

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