Dáil Éireann Debate, Wednesday - 24 April 2024
41. Deputy Thomas Pringle asked the Minister for Public Expenditure, National Development Plan Delivery and Reform if he is satisfied that the structure and robust framework has been out in place for the operation of the Protected Disclosures Amendment Act 2022 as outlined by his officials at the Joint Committee on Finance, Public Expenditure and Reform, and Taoiseach in September 2021; and if he will make a statement on the matter. [18204/24]
Amharc ar fhreagraLegislation to protect workers who raise concerns about wrongdoing in the workplace has been in place in Ireland for some time and this year will mark ten years since the Protected Disclosures Act was enacted in 2014. This legislation was further enhanced by the Protected Disclosures Amendment Act 2022 (the 2022 Act) which commenced in full on 1 January 2023.
The 2022 Act broadens the scope of those who can report wrongdoing beyond employees to include volunteers, shareholders, trainees, board members and job applicants. It also imposes new requirements on employers as regards the operation of formal whistleblowing channels.
It also provides for the establishment of the new dedicated Office of the Protected Disclosures Commissioner, which began operations in January 2023. To help to ensure reports are heard by those best suited to act upon them, the Office of the Protected Disclosures Commissioner is there to help workers to direct reports of wrongdoing to the most suited regulatory body as well as having the power to investigate reports of wrongdoing if no suitable body can be found.
In addition, free, independent, advice on making a protected disclosure and on workers’ rights and protections under the Act is available from Transparency International Ireland’s Speak Up Helpline. This is an initiative supported by grant funding from my Department.
While Ireland has strong legislation in place protecting workers, what matters is how the legislation operates in practice and key to this is ensuring that reports of wrongdoing are handled with care and professionalism.
Statutory Guidance for public bodies was revised in November 2023 to assist leaders and managers in understanding their own requirements under the 2022 Act; in improving their internal processes in handling reports of wrongdoing; and in supporting the workers that make such reports.
This guidance also includes template procedures for organisations to consider when developing their own internal procedures and policies. While this guidance is to inform public bodies, it also contains information on best practices in the area and on legal requirements that will be beneficial to private sector organisations.
In 2017 my Department established a Protected Disclosures Advisory Group which comprises protected disclosures managers from all Government Departments and a range of public bodies and prescribed persons that handle large numbers of disclosures. The group meets regularly to discuss and promote best practice and raise awareness of any challenges arising from implementation of the 2022 Act.
My Department also facilitates regular Protected Disclosures training.
