Dáil Éireann Debate, Tuesday - 7 December 2021
213. Deputy Noel Grealish asked the Minister for Public Expenditure and Reform the status of the general scheme of the protected disclosures (amendment) Bill; if the transposition date is still expected to be 17 December 2021; and if he will make a statement on the matter. [60301/21]
View answerDirective (EU) 2019/1937 on the protection of persons who report breaches of Union law ("the Whistleblowing Directive") was adopted in October 2019 and the deadline for transposition into Irish law is 17 December 2021. Ireland already has comprehensive whistleblower protection legislation in place in the form of the Protected Disclosures Act 2014. Transposition of the Directive will require amendments to the 2014 Act.
The draft general scheme of a Bill to give effect to the transposition of the Directive was published in May and referred to the Joint Committee on Finance, Public Expenditure and Reform and Taoiseach for pre-legislative scrutiny. The Joint Committee held a number of hearings in September and October as part of this process and their report is awaited. Once the report is published, I will consider its recommendations and finalise the Bill so I can bring it to Government for consideration and approval if in order.
Taking into account that the pre-legislative process has yet to conclude as well as the timelines involved in bringing a Bill to Government for approval, as set out in the Cabinet Handbook, the legislation will not be published until early in the New Year. This means that Ireland will miss the deadline for transposition of 17 December. While Ireland is far from being the only Member State to find itself in this position, I very much regret this delay. It is essential, however, that legislation of such importance as this is done right as the consequences for whistleblowers when legislation intended to protect them fails to work as expected can be devastating. I expect the Bill to be enacted in the first quarter of next year.
Alongside this, my department is preparing measures to assist with the transposition including updates to the Statutory Guidance. This will also include ensuring there is interim guidance available for both the public and private sector when the whistleblowing Directive comes into effect on 17 December. Comprehensive Statutory Guidance will be prepared alongside the enactment of the Protected Disclosures Amendment Bill. In addition, I have provided for an increase of 30% in Budget 2022 in respect of the grant funding my Department gives to Transparency International Ireland for the operation of its Speak-Up Helpline and Transparency Legal Advice Centre.
