Ms Orla Keane:

A number of the points raised by Deputy Durkan are linked. We are of the view that it would be useful to have a code of practice in place. This is where we envisage the new protected disclosures office having a role. We welcome the additions to the internal reporting channels but they could be enhanced. For example, while seven days are afforded to acknowledge a protected disclosure, the code should be clear on what should be done, how long a report should take, and it should contain more defined timelines. When feedback is provided, what is the format of that feedback?

I agree with my colleague, Mr. Kennedy, in the context of his comment about it being about the content and not the person. There should be a clear code of practice setting out issues of confidentiality. In the commission, for example, we have an email address to which protected disclosures are sent. When a person makes a protected disclosure, it goes onto a system and only one person can view that documentation on the system. That person does not discuss it with other people in the organisation. There should be clear guidelines for the protected disclosure recipients about how they deal with these matters and if a case of improper conduct arose, perhaps the new office could address that. Supports are needed on both sides. The protected disclosure recipients should have clear codes of practice on how to deal with disclosures within a specific period of time. If they do not have the expertise, they would have to send the matter externally. I expect that many smaller organisations will not have the expertise to deal with this matter and they should be obliged to put their hand up to say they do not have the expertise. Likewise, the protected disclosure recipients may be on the same team as or knows the person making the protected disclosure or may have had an issue with him or her. If they are in a small office, there may be issues of bias. They need to know when to refer the matter externally. The code of practice would be useful and if the new office provides that, it will go a long way in assisting us with those queries.