Ms Justice Mary Ellen Ring:

It is disappointing and one will find no three people more disappointed than the commissioners. Under the 2014 Act, it was made clear that protected disclosures were permitted in respect of wrongdoings in the workplace. The Act protected the identities of people making such disclosures but did not outline how to investigate those disclosures throughout the workplace. I do not refer only to disclosures relating to the Garda. Transparency International Ireland deals with many of these issues. One of the first practical realities that confronted all workplaces was how to investigate an allegation of wrongdoing which requires the protection of the person making the claim of wrongdoing, while at the same time carrying out a fair and proportionate investigation.

It was heralded in 2014 and was a very important piece of legislation.

In the years that followed, GSOC and many other organisations had to grapple with the practical reality of how to investigate a protected disclosure. Given the complexity around the Garda, we sought legal advice as to how to deal with these cases and it has been a step by step process to move forward on a complaint, gather information and at the same time protect the identity of a person. It has not been easy which is why it is very important when passing legislation to consider also how a legislative proposal will work in practice. We are still grappling. If one goes to Transparency Ireland and talks to its personnel, one will hear that it remains a challenge for every workplace.