Oireachtas Joint and Select Committees

Wednesday, 6 October 2021

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach

General Scheme of the Protected Disclosures (Amendment) Bill 2021: Discussion (Resumed)

Ms Ciara Morgan:

There are two elements I would like to raise in relation to this. The first is the question of lethargy. Maybe in some instances this is possible but I believe there is also an element of paralysis due to some issues with the existing legislation that we have been made aware of, and especially around the confidentiality provisions. They are very strong provisions and they should be very strong. It is very important that they are. This, however, can be the situation when a report comes in: people almost become paralysed in that they are afraid to move on it. They are afraid that if they transmit this to another person who can take action on it, it might expose the identity of the person making the report. This is one element that we have been looking at very closely to see how we can help to support bodies when they get those reports, and to make the appropriate reports.

I now turn to the second elements of the Deputy's question around progress not being made, how we can ensure that reports are being addressed and dealt with seriously, and how we make sure that we are not accepting frivolous reports. Provisions are made in the Bill for very strengthened procedures that will really help with this around what one needs to do and the consistency in how one deals with the reports. Timelines have been very clearly set out whereby one must acknowledge a report within seven days, feedback must be given within three to six months, and be followed on by the report. To support public bodies in that regard, the Department will be doing a new training framework so the protected disclosure managers are in a better position to do the job that they need to do, and to try to push more of that cultural shift as well. Not forgetting about the private sector, we will be doing guidance to support them also in the establishment of their own channels.

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