Dáil Éireann Debate, Tuesday - 17 May 2016
31. Deputy Mick Wallace asked the Tánaiste and Minister for Justice and Equality if she is satisfied with the performance of the Garda Síochána Ombudsman Commission in its role as a confidential recipient; if she will improve this arrangement; and if she will make a statement on the matter. [10131/16]
View answerPrior to the Protected Disclosures Act 2014 coming into operation, whistleblowing by members of the Garda Síochána was provided for under the Garda Síochána (Confidential Reporting of Corruption or Malpractice) Regulations 2007. These Regulations provided for the appointment of an independent Confidential Recipient to whom Garda members, and civilian support staff, could report, in full confidence, instances where they believed there may have been corruption or malpractice within the Garda Síochána.
This system was replaced by the Protected Disclosures Act 2014, which came into operation on 15 July 2014. The Act was part of the then Government's comprehensive approach to enhancing the protections available to whistle blowers, including members of the Garda Síochána. Under the Act, the Garda Síochána Ombudsman Commission (GSOC) is prescribed as a body authorised to receive protected disclosures on Garda matters. Accordingly, members of the Garda Síochána may communicate their concerns to the Garda Commissioner, as their employer if they so choose, or they may make a disclosure to GSOC, which is a statutorily independent body. Where a protected disclosure is made to GSOC the Act provides that GSOC may, if it appears to it desirable in the public interest to do so, investigate the disclosure. It is important to recognise the very significant fact that a member of the Gardaí who makes a disclosure in accordance with the Act is entitled to all the protections provided for whistleblowers in the Act. These protections include protection from having their identity revealed, protection from dismissal and protection from being penalised in their employment as a result of having made a protected disclosure.
So the Deputy will see that there have been very significant changes in to the regime for making protected disclosures by member of the Gardaí. I am satisfied that the legislative provisions now in place under the 2014 Act, including the protections afforded for whistleblowers, will prove to be an effective remedy for Garda members who wish to report their concerns regarding potential wrongdoing.
I am also satisfied that GSOC has the appropriate powers and experience to carry out its role in dealing with any protected disclosures made to them.
