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Protected Disclosures

Dáil Éireann Debate, Tuesday - 1 March 2022

Tuesday, 1 March 2022

Questions (274)

Róisín Shortall

Question:

274. Deputy Róisín Shortall asked the Minister for Public Expenditure and Reform the appropriate reporting channels for protected disclosures related to political parties; if no such provision exists, the steps he is taking to address this matter in the Protected Disclosures (Amendment) Bill 2022; if the proposed office of protected disclosures would be the relevant reporting authority for such protected disclosures once established; and if he will make a statement on the matter. [11519/22]

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Written answers

I am assuming that the Deputy is referring in her question to protected disclosures concerning political parties by members of said parties.

The Protected Disclosures Act 2014 protects workers from penalisation if they report concerns about  wrongdoing or potential wrongdoing in the workplace. A worker is defined in section 3 of the Act as being an individual who is or was: an employee; a contractor; an agency worker; a work-experience student (pursuant to a training course); or a trainee. A person in a work-based relationship with a political party would have to be a "worker" within the meaning of the Act to be entitled to its protections. 

The Protected Disclosures (Amendment) Bill 2022 provides, at section 4, for a significant expansion of the definition of a "worker" to include individuals who are: shareholders; members of the administrative, management or supervisory body of an undertaking; and volunteers as well as individuals who acquire information on a relevant wrongdoing during a recruitment process or any other pre-contractual negotiation. This expansion of the definition of "worker" - in particular by virtue of the inclusion of volunteers - means that members of political parties who report concerns of wrongdoing that come to their attention in the context of their activities with the party concerned should be protected by the Act when the Bill is enacted. 

In relation to how a protected disclosure can be made, the legislation, once amended by the Bill, will provide that a worker can report either internally to their employer; or externally to a prescribed person or the Protected Disclosures Commissioner; or, subject to more stringent criteria, make a public disclosure. Once the Bill is enacted, the Protected Disclosures Commissioner will be able to receive reports of any relevant wrongdoing within the scope of the legislation and will transmit the report to the most appropriate person to follow up on the alleged wrongdoing or, if no such person can be identified follow-up directly on the report. Workers who wish to report externally can also report directly to a relevant prescribed person - for example, a concern about health and safety can be reported directly to the Health and Safety Authority.

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