Micheál Martin (Cork South-Central, Fianna Fail)

First of all, Ireland's whistleblower protection framework is governed by the Protected Disclosures Act 2014. There are set frameworks - legal and so on - in terms of governing the handling and management of protected disclosures. That Act was significantly strengthened by the Protected Disclosures (Amendment) Act 2022. This legislation commenced operation on 1 January 2023. It gives effect to the European Union whistleblowing directive. It provides protection against penalisation of workers in public and private sectors. The Act also introduced a number of significant changes, including that the burden now rests on the employer to prove that any action taken was justified and unrelated to the disclosure. There is much more. It expanded the protections to a broader category of workers, including contractors, volunteers, agency workers, board members, shareholders and job applicants. Section 7 protects against retaliation, unfair dismissal and so forth. Workers who experience penalisation have access to the Workplace Relations Commission, WRC, and so forth.

The Office of the Protected Disclosures Commissioner, OPDC, was established in 2023. It plays a key role in ensuring disclosures are directed to the appropriate prescribed persons. This is important. There has to be a systemic approach to the handling of disclosures. In 2024, the OPDC received 262 reports, with the vast majority being transmitted to the relevant authorities. To support whistleblowers, the disclosures commissioner continues to fund Transparency International Ireland, which operates a free speak-up helpline and legal advisory centre. In 2025, funding of €368,000 was allocated to that.

The Deputy raised issues of how the protected disclosure in this case was handled by the relevant agencies. Fiosrú is there as an external, independent entity to handle complaints in respect of members of An Garda Síochána. It is there in that context. HIQA is there as an independent body that is focused on quality within the healthcare system and also carries out investigations, inquiries and so on. What the Deputy seems to be suggesting is that we should either add a new layer to this or reintroduce the Oireachtas or the Executive into examining every disclosure. I do not think that is feasible. It could be challenging as well, given the volume of disclosures.

Section 2A under the Protected Disclosures (Amendment) Act does-----

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