Protected Disclosures

Dáil Éireann Debate, Wednesday - 28 June 2017

Wednesday, 28 June 2017

Questions (117, 118)

Mary Lou McDonald

Question:

117. Deputy Mary Lou McDonald asked the Minister for Education and Skills if senior staff in a college (details supplied) have been proven to have been negligent in their duty of care in protecting a whistleblower or have been proven to be involved in penalising a member of staff of a university or institute of technology under section 12(1) of the Disclosure Act 2014; the sanction for these persons in respect of their jobs; the person or body that enforces the sanctions; if these persons pay for their own legal advisers or if the college pays for legal advice on their behalf; if persons have been held to account for same in an educational organisation; the sanction if a senior official of his Department or the HEA knew or ignored serious matters regarding whistleblowers; and if he will intervene in such matters. [30321/17]

Mary Lou McDonald

Question:

118. Deputy Mary Lou McDonald asked the Minister for Education and Skills the reason for delays in dealing with serious cases of whistleblowing within colleges; the further reason colleges are not proactive in such cases; if his attention has been drawn to the costs involved and the failure to look after the physical and mental health of persons; his plans to help and reward persons who have stood up to wrongdoing in educational organisations in view of the fact that whistleblowers are not protected by his Department with regard to their future careers; and if he will make a statement on the matter. [30322/17]

Written answers

Minister for Education and Skills

I propose to take Questions Nos. 117 and 118 together.

The Deputy has not named the Institute in question so I can provide only limited information.

The Protected Disclosures Act 2014, which came into effect on 15 July 2014, allows for any employee of a higher education institution (HEI) to make a disclosure to the Chief Executive Officer of the Higher Education Authority (HEA) on any matter relating to the funding, planning and development of higher education and research in the State. The Act provides a framework within which employees of HEIs can raise concerns regarding potential wrongdoing in the workplace that has come to their attention and provides appropriate protections if they are penalised by their employer or suffer any detriment for doing so.

The HEA has a process in place for receiving these disclosures and takes appropriate action on any governance issues identified via this process with regard to an HEI. In the event that the HEA is not satisfied by a response received from a HEI which is the subject of a protected disclosure, it can consider recommending to my Department the appointment of an Inspector (in the case of IoTs) or a Visitor (in the case of Universities).

In addition, to complement the existing power to appoint a Visitor in the University sector, I will be seeking Government approval for a new power for the Minister for Education and Skills to appoint an investigator into a University in certain circumstances.

Issues raised by means of Protected Disclosures are taken very seriously by my Department and the HEA.