Dáil Éireann Debate, Tuesday - 12 June 2018
568. Deputy Maurice Quinlivan asked the Minister for Business, Enterprise and Innovation the reason for the delay in the transposition of the trade secrets directive, EU Directive 2016/943; if Dáil Éireann will have an opportunity to debate it; and if she will make a statement on the matter. [25501/18]
View answer569. Deputy Maurice Quinlivan asked the Minister for Business, Enterprise and Innovation if her attention has been drawn to the serious concerns surrounding the impact the trade secrets directive may have on whistleblower protections here; the way in which she plans to address the matter; and if she will make a statement on the matter. [25503/18]
View answerI propose to take Questions Nos. 568 and 569 together.
EU Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure has been transposed by way of S.I.188 of 2018 and my Department will lay these Regulations before both Houses of the Oireachtas. The Regulations, made under the 1972 European Communities Act, provide for civil redress measures and remedies in the event a trade secret is unlawfully acquired, used or disclosed. The confidentiality of the trade secret during court proceedings is ensured by limiting access to the hearing and court documents containing the trade secret.
During the course of my Department's public consultation on the transposition of the Directive, the Department of Public Expenditure and Reform informed my Department it had obtained legal advice to the effect the Directive imposes a requirement of a subjective public interest test and that the transposing legislation should amend the Protected Disclosures Act 2014 by adding a requirement that "protected disclosure" which came within Article 5 (b) of the Directive must be made for the purpose of protecting the public interest. Legal advice obtained by my Department supported this view and accordingly the S.I. contains such an amendment so that Ireland achieves a full transposition of the Directive.
