Tax allegations highlight value of whistleblowers’ legislation

7 November 2014

by Cllr Joe Costello

Allegations of tax evasion contained in a dossier circulated to members of the Public Accounts Committee are potentially very serious.

It is important to note that the practises referred to in the documentation were not widespread, and contrary to what was claimed by one Fianna Fail TD, allegations of tax evasion in the dossier, do not refer to people “connected to all parties”. No former or serving Labour public representative is implicated in tax evasion allegations.

Referral of this information to the PAC’s legal advisers was clearly the correct step to take, and we must now wait to hear the legal opinion before any further move is made. Clearly if there is any suggestion of criminal wrongdoing, the matter should be referred to An Garda Siochana or some other relevant authority.

The very fact that this information has come to light in this way, is a mark of the success of the Protected Disclosures Act, a piece of legislation brought through the Oireachtas by Labour Party Minister for Public Expenditure and reform, Brendan Howlin.

Enacting this legislation was a key Labour Commitment ahead of the last General Election, and in July 2014, we made good on that commitment when the legislation took effect.

A critical component of the Act is the obligation to provide protection to anybody who brings wrongdoing to light.

The Act safeguards any worker who has made a protected disclosure from being subject to occupational detriment also providing immunity against civil liability and criminal liability in certain circumstances, something that was glaringly absent under the patchy legal framework that previously existed.