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Dáil

Written answer

Inland Fisheries

103. Deputy Ken O'Flynn asked the Minister for Climate, Energy and the Environment the oversight role of his Department in respect of the operation of the protected disclosures process within Inland Fisheries Ireland; whether his Department has received any report or correspondence concerning the integrity or governance of that process; whether he is satisfied that the process operates in accordance with the Protected Disclosures Act 2014; and if he will make a statement on the matter. [59763/26]

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Timmy Dooley Minister of State at the Department of Climate, Energy and the Environment Fianna Fáil

Inland Fisheries Ireland is a non-commercial State agency under the aegis of the Department, which has oversight responsibilities regarding IFI within the framework of the Inland Fisheries Act 2010 and the Code of Practice for the Governance of State Bodies. An Oversight Agreement and Performance Delivery Agreement is in place between the Department and IFI, which sets out the respective roles, responsibilities, reporting and accountability arrangements.

Compliance with these arrangements is monitored through regular governance engagements, including quarterly meetings between the Department and IFI. The Department also assesses IFI’s compliance with the Code of Practice on an annual basis, which provides the Department with assurance on the effective operation of IFI’s governance and internal control systems, including those relating to codes of conduct, ethics and disclosures.

In our most recent audit, IFI provided evidence that confirms they have appropriate procedures in place for the making and handling of protected disclosures and that they have complied with the reporting obligations set out in the Protected Disclosures Act 2014. The Department’s oversight role is distinct from IFI’s responsibility for the operational management of the agency, which includes the handling of individual protected disclosures. It would not be appropriate for the Department to intervene in or review the handling of protected disclosures within IFI.

A separate position arises where a protected disclosure relating to an agency is made directly to the Minister. Section 8 of the Protected Disclosures Act 2014 (the Act) provides for the making of a protected disclosure to a Minister. Under the provisions of the Act the Minister, without having considered the report or the information of any allegation contained therein, as soon as practicable but in any case not later than 10 days after receipt of a report, is obliged to transmit the report to the Office of the Protected Disclosures Commissioner (OPDC) who will consider who is the most appropriate prescribed person or other suitable person, if a prescribed person cannot be identified.

I can assure the Deputy that all reports of wrongdoing submitted to the Department are formally processed in accordance with the Department’s published Protected Disclosures Policy, which aligns with the Protected Disclosures Act 2014 as amended. The Deputy will appreciate the strict confidentiality obligations under this Act. Accordingly, the Department is not in a position to provide details of individual protected disclosures and any associated investigation reports. The Department is satisfied that this is a necessary and proportionate step to protect the identity of both the reporting person and other persons concerned.

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