Dáil Éireann Debate, Tuesday - 14 May 2024
384. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage what action he intends to take on foot of reports of alleged wrongdoing by local council CEOs and elected councillors from the Office of the Protected Disclosures Commissioner; and if he will make a statement on the matter. [21735/24]
Amharc ar fhreagraMy Department takes its obligations under the Protected Disclosures (Amendment) Act 2022 very seriously and is strongly committed to supporting people to speak up about their concerns of wrongdoing, as defined in the legislation. At all times, it is central to my Department’s protected disclosures policy that the reporting person’s identity will be treated confidentially in accordance with the Protected Disclosures Act 2014 as amended by the Protected Disclosures (Amendment) Act 2022.
The Secretary General, as the suitable person, and/or the designated person within this Department are those persons who may be in receipt of reports of alleged wrongdoing from the Office of Protected Disclosures Commission (OPDC).
Local authorities are constitutionally-recognised, independent bodies, with their own management and governance structures. Local authorities are not agencies of central government and local government is a separate arm of government in the State. Local authority chief executives and democratically elected councils are responsible for the running of the local authority in all respects.
Local authorities are statutorily required to have in place the same procedures and protections to handle protected disclosures as other public bodies.
As Minister, I have limited discretionary powers under the Local Government Act 2001 (as amended) to investigate allegations of wrongdoing in a local authority. Receiving a protected disclosure report of wrongdoing in a local authority does not automatically trigger those powers.
Since the commencement of the Protected Disclosures (Amendment) Act 2023, the Secretary General of my Department has been made the suitable person in a number of protected disclosures cases by the OPDC despite my Department outlining in detail why the local authority in question - either the local authority Chief Executive as the prescribed person under the 2024 Act or the designated impartial person which the local authority is obliged to put in place - was the more suitable.
Notwithstanding my Department’s engagement with the OPDC, my officials have confirmed that the protected disclosures have been assessed in accordance with the Act, investigated as appropriate and, insofar as possible, brought to a conclusion, in all of the cases referred to my Department by the OPDC.
My Department continues to engage constructively and proactively with the OPDC regarding the manner in which protected disclosures concerning potential wrongdoing in local authorities are processed with a view to finding a solution that best serves those who have made reports of wrongdoing and that their allegations are assigned appropriately in the first instance.
