989. Deputy Seán Ó Fearghaíl asked the Minister for Enterprise, Tourism and Employment the steps being taken by his Department to ensure that genuine whistleblowers (details supplied) are not boycotted or deprived of employment opportunities in their chosen area; and if he will make a statement on the matter. [55755/26]

The Protected Disclosures Act 2014 is Ireland’s principal legislation providing protections for workers who make protected disclosures.  The Protected Disclosures (Amendment) Act 2022, which amended the 2014 Act, was enacted on 21 July 2022 and came into operation on 1 January 2023.  Section 2A of the Protected Disclosures Act provides that a statutory review must commence no later than five years after the enactment of the 2022 Act.  I am informed that this review will commence in 2026 under the auspices of the Department of Public Expenditure, Infrastructure, Public Service Reform and Digitalisation (DPEIPSRD), which has overall policy responsibility for protected disclosures legislation. In this regard, I have been informed that officials in DPEIPSRD are currently finalising arrangements for a public consultation as part of that statutory review process, with details to be published on that Department’s website in due course.  The Minister and officials in DPEIPSRD would encourage all interested stakeholders, including whistleblowers, employers, representative bodies and members of the public, to engage with the consultation and to contribute their views to the review of the legislation.

Furthermore, the EU Commission is currently carrying out its evaluation of the EU Whistleblowers’ Directive (Directive (EU) 2019/1937) on the protection of persons who report breaches of Union law which was adopted on 23 October 2019 and sets minimum standards for the protection of whistleblowers across the EU.  The Protected Disclosures (Amendment) Act 2022 transposed this Directive into Irish law and the evaluation will assess the functioning of the Directive and consider the need for additional measures, including amendments with a view to extending its scope to further EU acts or areas.  The full details of this evaluation are available at Whistleblower Protection Directive – evaluation (https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/14468-Whistleblower-Protection-Directive-evaluation_en). The findings of this evaluation will feed into the statutory review.

The amended 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. There are also special channels for the reporting of wrongdoings related to law enforcement, security, defence, international relations, and intelligence.

The Act prohibits penalisation or threat of penalisation of a worker for having made a protected disclosure. Penalisation includes:

• Unfair dismissal.

• Unfair treatment, such as suspension, demotion, loss of pay, change of working hours, reassignment, disciplinary action, etc.; and

• Coercion, intimidation, and harassment.

Statutory protection from penalisation is provided primarily by the Workplace Relations Commission (WRC), who can make orders for restitution and the payment of up to 5 years’ salary in compensation. Cases can be appealed to the Labour Court. Alternatively, a worker can sue for damages in court, where there is no maximum award of compensation.  Workers are also immune from civil legal action by the employer (e.g. for breach of confidentiality clauses in their contract of employment). Recipients of protected disclosures are obliged under the Act to take all reasonable steps to keep the identity of the discloser confidential. This provides further protection against penalisation since if the identity of the reporting person is not widely known, they cannot be retaliated against. The amended Act provides for criminal penalties for:

• Penalising a reporting person.

• Taking vexatious legal proceedings against a reporting person; and

• Disclosing the identity of a reporting person.

I am also advised that Section 21A of the amended Act sets out the support measures provided for workers in relation to making a protected disclosure.  Included in these measures is the provision of free, independent advice on making a protected disclosure, worker’s rights, and protections under the Act. This support and advice are available from Transparency International Ireland’s Speak Up Helpline and its legal advice centre, which is supported by grant funding from the DPEIPSRD.

I should add that the Workplace Relations Commission (WRC) is an independent statutory body under the aegis of my Department. Its functions include promoting and securing compliance with employment law, providing information on employment rights and obligations, and delivering mediation, adjudication, conciliation and advisory services. The WRC is the body that hears first instant complaints under the Protected Disclosures Acts. While the WRC does not comment on individual cases, these services provide important avenues for workers and employers to seek information, support and, where appropriate, the resolution of employment rights matters.  Having regard to the WRC’s statutory independence, it would not be appropriate for me, as Minister, to comment on individual matters or to intervene in the exercise of its functions. I would add that Decisions of WRC Adjudicators may be appealed by either party to the Labour Court within the statutory timeframe.