Dean Jacqui: Protected Disclosures Amendment Bill — Second Reading 
Dean Jacqui: Protected Disclosures Amendment Bill — Second Reading 
[Volume:653;Page:2204] 
JACQUI DEAN (National—Waitaki) 
:  
I resume my speech in this second reading of the Protected Disclosures Amendment Bill. This bill gives effect to the recommendations of the 2003 review of the Protected Disclosures Act 2000. The review found that there were delays and inconsistencies around the legislative procedures of the Act as well as confusion about some of the definitions in the Act. There was also a lack of confidence in the protection of a whistleblower’s identity. 
The bill provides additional powers for Ombudsmen to request information from both public and private organisations and to coordinate cross-agency activity. This bill widens the definitions of who is a “public official” and who is an “employee” for the purposes of this Act. It extends access to the Act and also extends access to its protections. This bill also allows whistleblowers to continue to receive the protection of the Act if they believe on reasonable grounds that the information provided relates to serious wrongdoings even if that belief is found to be mistaken. Two further amendments were made to the bill on the basis of the Government Administration Committee’s recommendations. The first amendment was the insertion of section 6C(2) inserted by clause 6 to specifically exclude private sector organisations from being obliged to comply with a request from the Ombudsmen for further information about that organisation’s internal procedures. The second recommended amendment to the bill was the insertion of section 15E(3) inserted by clause 8 to include section 30 of the Ombudsmen Act which is the section relating to offences under that Act. This makes it an offence to refuse to provide the information specified in that section to an Ombudsman. 
The 2003 review of the Act found that there were no fundamental problems with the Act’s substance but that roles and processes within the Act could be easier to follow and that guidance should be available for people proposing to make disclosures. The amendment bill improves aspects of the Act. It enhances the role of the Ombudsmen as coordinators and facilitators of investigations. The Act will also make it easier both for whistleblowers to speak out and for organisations to investigate. The Government supports the broad approach of the Act and any efforts to improve its operation and administration. It should be noted—and I believe it is clearly understood—that Ombudsmen are held in high regard across Parliament and in public and that they are a good fit for an increased facilitation and coordination role under the amendments to this Act. 
National expects that with the better tools provided under this amendment bill Government agencies should be able to respond in a more coordinated and effective manner and to hold the Government to account. Finally protecting whistleblowers is not just a matter for legislative changes; ongoing operational improvements are also very important. With those few points I commend this bill to the House. 
Mr SPEAKER 
: I call Darien Fenton.