Michael Noonan (Limerick City, Fine Gael) | Oireachtas source

I move amendment No. 43:

In page 22, lines 34 to 37, to delete subsection (5) and substitute the following:“(5) Subject to any enactment or rule of law, the Bank may not disclose the identity of a person who has made a protected disclosure without first obtaining the person’s consent except in so far as it may be necessary—

(a) for the effective investigation of any matter to which the disclosure relates,
or
(b) for the purposes of—

(i) an inquiry by the Bank under section 33AO or 33AR of the Act of 1942,
(ii) subject to section 57W of the Act of 1942, an appeal to the Appeals Tribunal under Part VIIA of the Act of 1942,
(iii) an assessment under Part 5 of the Market Abuse (Directive 2003/6/EC) Regulations 2005 (S.I. No. 342 of 2005),
(iv) an assessment under Part 15 of the Prospectus (Directive 2003/71/EC) Regulations 2005 (S.I. No. 324 of 2005),
(v) an assessment under Part 10 of the Transparency (Directive 2004/109/EC) Regulations 2007 (S.I. No. 277 of 2007), or
(vi) investigations and hearings under Part 3 of the Central Bank Reform Act 2010,
in relation to any matter to which the disclosure relates.”.

The amendment sets out the situations where the Central Bank may disclose the identity of a whistleblower, namely, where to do so is necessary for an investigation or various forms of inquiry or appeal.