Ireland: whistle blowing and Irish company law

Ireland's Office of the Director of Corporate Enforcement (ODCE) has published a discussion paper in which it proposes a whistle-blowing provision for inclusion in the new Companies Consolidated Bill. The ODCE states that its proposal "is balanced and limited in that it promotes international best practice in corporate governance while mitigating some of the difficulties which could arise with a broad whistle-blowing provision". 

The Company Law Review Group has shown little enthusiasm for the ODCE's proposals and the issue is now being considered by the Department of Enterprise Trade and Employment. The ODCE has nevertheless decided to publish its discussion paper for wider comment. In support of its proposals, the ODCE cites Principle IV.E. of the OECD Principles of Corporate Governance (2004) which provides:

Stakeholders, including individual employees and their representative bodies, should be able to freely communicate their concerns about illegal or unethical practices to the board and their rights should not be compromised for doing this"

For further information see:

ODCE statement | ODCE discussion paper | ODCE discussion paper summary | Company Law Review Group | OECD Principles of Corporate Governance |