Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

By way of background, as the Deputy is well aware, prior to the Protected Disclosures Act 2014 coming into operation, whistleblowing by members of An Garda Síochána was provided for under the Garda Síochána (Confidential Reporting of Corruption or Malpractice) Regulations 2007 which provided for the appointment of an independent confidential recipient. The confidential recipient was then required to transmit each confidential report to the Garda Commissioner.

Only where a confidential report contained an allegation which related to the Garda Commissioner was it transmitted to the Minister. In transmitting a report, the confidential recipient had to be aware of the obligation to protect the identity of the whistleblower, and any communication between the confidential recipient and the whistleblower was confidential and was not conveyed to the Minister. The regulations provided that any harassment or intimidation of a member who had made a confidential report would be dealt with in accordance with the law. This system was replaced by the Protected Disclosures Act 2014, which came into operation in July 2014 as part of the Government's comprehensive approach to enhance the protection available to whistleblowers, including Garda whistleblowers. GSOC was prescribed under the Act as a body to receive protected disclosures.

With regard to the two cases referred to by the Deputy, I first make the point that all of us in this House must be very careful in discussing individual cases of whistleblowing. The Protected Disclosures Act prioritises the confidentiality of the process, a confidentiality which is not always easily reconciled with some discussions in the House. However, I am advised by the Garda authorities that reports in both of the cases referred to by the Deputy were originally received under the confidential recipient regulations. One of the cases is the subject of a comprehensive criminal investigation and upon completion may be the subject of a report to the Director of Public Prosecutions. The second case was subsequently referred to GSOC under the Protected Disclosures Act 2014.

I know that the Deputy will appreciate that I have no functions in regard to criminal investigations that are ongoing, to the submission of files to the DPP or in regard to the investigation of complaints by GSOC. In regard to both of the cases the Deputy referred to, one is the subject of a current criminal investigation and the other has been referred to GSOC.

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