Dáil Éireann Debate, Tuesday - 28 September 2021
430. Deputy Bríd Smith asked the Minister for Education if she will commission an inquiry into the handling of protected disclosures and the failure of relevant authorities to act promptly and protect public finances in view of recent events and disclosures in relation to both CMETB and LMETB and in view of concerns relating to the processes and procedures of both bodies in dealing with these issues; and if she will make a statement on the matter. [46008/21]
View answerUnder section 21(1) of the Protected Disclosures Act 2014, all public bodies, including Education and Training Boards (ETBs), are required to establish and maintain procedures for the making of protected disclosures by their employees. Where an ETB receives a protected disclosure, they are required to follow those procedures.
Any follow up actions in relation to a protected disclosure made to an ETB are a matter for the ETB concerned. Depending on the nature of the disclosure, the ETB may need to deal with the matter in accordance with other relevant internal procedures and/or refer the matter to an external investigative or regulatory authority where appropriate. In handling a disclosure, ETBs must also adhere to their obligations under the Act to maintain the confidentiality of the employee concerned.
The Department of Public Expenditure and Reform has issued guidance to assist public bodies, including in the performance of their functions under the Act. The guidance includes that the procedures should allow for a system for review in respect of the outcome of an assessment/investigation undertaken in respect of the protected disclosure or of any complaint of penalisation.
Both of the ETBs referred to by the Deputy have confirmed that they have a protected disclosure policy in place. All ETBs are also required to report the number of Protected Disclosures received in their annual reports. The ETBs in question have published this information in their annual reports and separately as a standalone document and both are available on their respective websites.
