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

I am assuming that the two whistleblowers the Deputy is referring to are the same cases raised in his parliamentary question in May. In the first instance, I again make the point that all of us in this House must be careful, and the Deputy has not mentioned individual names, in discussing individual cases of whistleblowing. Protection for whistleblowers rightly prioritises the confidentiality of the process, which is central to the efficacy of that process.

The Deputy is familiar with the confidential reporting process that was in place previously, which provided for the appointment of an independent confidential recipient. That confidential recipient was 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 was obliged to protect the identity of the whistleblower, etc. I will not go into further detail on that.

This was replaced by the Protected Disclosures Act 2014, which came into operation on 15 July 2014 as part of our comprehensive response to enhance the protection available to whistleblowers. Under the Act, members of the Garda Síochána may now communicate their concerns to the Garda Commissioner, as their employer, or to GSOC as a prescribed body, and are entitled to the protections provided by the Act. I am satisfied that the legislative provisions now in place under the 2014 Act, including the protections afforded for whistleblowers, will prove to be an effective remedy for Garda members who wish to report their concerns regarding potential wrongdoing.

As I have previously advised the Deputy in regard to these particular cases, I have no function in regard to criminal investigations and the submission of files to the Director of Public Prosecutions, or in regard to the investigation of complaints by GSOC. Those are independent processes that go on.

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