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Dáil

Written answer

Protected Disclosures

908. Deputy Ken O'Flynn asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation to confirm whether he has undertaken a review of the State-funded whistleblower support model provided through Transparency International Ireland, following the commencement of the Protected Disclosures (Amendment) Act 2022 and the European Commission's identification of concerns regarding Ireland's implementation of Article 20 of Directive (EU) 2019/1937; and if so, to publish its findings. [59860/26]

Comment on this

923. Deputy Ken O'Flynn asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation whether his Department has identified any point within the protected disclosures framework at which responsibility for a reporting person ceases before another public authority assumes responsibility for that person's protection and support; and, if so, the way in which the Government considers that position to be consistent with the objectives of Directive (EU) 2019/1937. [61430/26]

Comment on this

925. Deputy Ken O'Flynn asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation if his Department maintains any mechanism for obtaining feedback from reporting persons following the referral of their protected disclosures to An Garda Síochána, for the purpose of evaluating whether the protections and supports provided under the Protected Disclosures Act 2014 remain effective throughout the subsequent process. [61431/26]

Comment on this

926. Deputy Ken O'Flynn asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation if his Department has undertaken any review or evaluation of the effectiveness of referring protected disclosures to An Garda Síochána as part of the State's implementation of the Protected Disclosures Act 2014 and Directive (EU) 2019/1937; whether that review considered the subsequent experience of reporting persons following such referrals; and if no such review has been undertaken, whether one is planned. [61428/26]

Comment on this

927. Deputy Ken O'Flynn asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation if his Department collects or analyses data on the outcomes of protected disclosures referred by public bodies to An Garda Síochána, including whether reporting persons subsequently continued to receive protections under the Protected Disclosures Act 2014. [61426/26]

Comment on this

928. Deputy Ken O'Flynn asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation whether any Government protocol exists setting out the respective responsibilities of referring public bodies, the Office of the Protected Disclosures Commissioner and An Garda Síochána following the referral of a protected disclosure that may disclose criminal offences. [61425/26]

Comment on this

929. Deputy Ken O'Flynn asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation the way in which the State considers that Article 20 of Directive (EU) 2019/1937 is implemented where a reporting person continues to cooperate with An Garda Síochána after a protected disclosure has been referred for criminal investigation but no public body retains ongoing responsibility for providing support or protection. [61424/26]

Comment on this

930. Deputy Ken O'Flynn asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation if his Department has examined whether referral of a protected disclosure to An Garda Síochána may create a gap between the whistleblower protection framework established under the Protected Disclosures Act 2014 and the subsequent criminal justice process; and if so, whether any reforms are under consideration. [61421/26]

Comment on this

931. Deputy Ken O'Flynn asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation whether the Government has identified which public authority retains responsibility for ensuring that a reporting person continues to receive the protections and supports envisaged by the Protected Disclosures Act 2014 after a protected disclosure has been referred to An Garda Síochána for criminal investigation; and if he will make a statement on the matter.' [61417/26]

Comment on this

936. Deputy Ken O'Flynn asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation whether the Government has identified which public authority retains responsibility for ensuring that a reporting person continues to receive the protections and supports envisaged by the Protected Disclosures Act 2014 after a protected disclosure has been referred to An Garda Síochána for criminal investigation; and if he will make a statement on the matter. [61419/26]

Comment on this

960. Deputy Ken O'Flynn asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation whether the Government has considered whether the Protected Disclosures Act 2014 requires amendment to provide explicit protection and support for whistleblowers who continue to cooperate with criminal investigations following referral to An Garda Síochána. [61416/26]

Comment on this

961. Deputy Ken O'Flynn asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation the statutory protections or practical supports available to a reporting person who continues to cooperate with An Garda Síochána following the referral of a protected disclosure for criminal investigation; and whether those protections are coordinated by any public authority. [61404/26]

Comment on this

962. Deputy Ken O'Flynn asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation whether referring a protected disclosure to An Garda Síochána is regarded as completing the referring body's obligations under the Protected Disclosures Act 2014; and if not, if any continuing oversight or follow-up is expected. [61414/26]

Comment on this

968. Deputy Ken O'Flynn asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation the public authority that has responsibility for monitoring whether a whistleblower suffers penalisation while cooperating with An Garda Síochána in an investigation arising from a protected disclosure. [61406/26]

Comment on this
Jack Chambers Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation Fianna Fáil

I propose to take Questions Nos. 908, 923, 925, 926, 927, 928, 929, 930, 931, 936, 960, 961, 962 and 968 together.

The Protected Disclosures Act 2014, as amended, provides a comprehensive statutory framework for the protection of reporting persons who make protected disclosures. The Act includes protections against penalisation, dismissal and other forms of detriment, together with a range of support measures for reporting persons.

The handling of individual protected disclosures, including any referral to another competent authority, is a matter for the body concerned, having regard to its statutory obligations under the Act and any other relevant legislation. The Act also provides for the role of the Protected Disclosures Commissioner in directing disclosures to the body best placed to deal with them.

My Department keeps the operation of the protected disclosures framework under ongoing review. In this regard, I note that Section 2A of the Protected Disclosures (Amendment) Act 2022 requires the Minister to carry out a review of the operation of the Act and to prepare a report on the conclusions drawn from that review.

In accordance with that statutory requirement, my Department will begin a review of the Act this year. As part of that process, a public consultation will be conducted to ensure that stakeholders, including reporting persons, employers, public bodies, representative organisations and other interested parties, have an opportunity to contribute their views on the effectiveness of the current legislative framework and any areas where improvements may be required. This will include consideration of the experiences of reporting persons who have reported alleged criminal wrongdoing and whose disclosures have subsequently become the subject of criminal justice processes.

The review will provide an opportunity to consider the practical operation of the protected disclosures regime as a whole, including matters relating to the protections and supports available to reporting persons, the operation of referral arrangements between public bodies and competent authorities, and the interaction between the protected disclosures framework and other statutory processes. Any recommendations arising from that review will be considered by Government in the normal way.

I trust that this clarifies the position for the Deputy and assures him that these matters will be considered as part of the forthcoming statutory review of the Act.

Comment on this