887. Deputy Ken O'Flynn asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation if the provisions introduced by the Protected Disclosures (Amendment) Act 2022, which amended the Protected Disclosures Act 2014, can be applied or implemented retrospectively in respect of protected disclosures made before the commencement of the 2022 Act; and if he will make a statement on the matter. [56307/26]

I would like to thank the Deputy for his question.

While I, as Minister, cannot interpret or express an opinion on a matter of law, I can confirm that the issue of retrospective application of the provisions introduced by the Protected Disclosures (Amendment) Act 2022 was considered at length during debates of the amendments in the Dáil and the Seanad, which took place between February and July 2022.

Transitional provisions were inserted into the 2014 Act by section 26 of the amended Act, and Schedule 7 sets out how these provisions shall operate under a number of scenarios.

It is my understanding that there is, however, a limit on how far retrospective provisions contained in legislation can be applied. As explained during the Committee Stage debates in the Seanad on 23 June 2022, any retrospective application that goes further than the scenarios set out in Schedule 7, may run into constitutional difficulties.

Article 15.5.1 of the Constitution states:

"The Oireachtas shall not declare acts to be infringements of the law which were not so at the date of their commission."

The full debates can be viewed on the Oireachtas website via the link below.

Protected Disclosures (Amendment) Act 2022 – No. 27 of 2022 – Houses of the Oireachtas (www.oireachtas.ie/en/bills/bill/2022/17/?tab=debates)

I trust this answers the Deputy's question.