Mairéad Farrell (Galway West, Sinn Fein)
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3. To ask the Minister for Public Expenditure and Reform if his Department’s submission to the EU review of the protected disclosures regime will refer to the views of whistleblowers from the Farrelly commission and Children's Health Ireland (children’s hip surgeries) about the reprisals they faced. [39487/25]

Mairéad Farrell (Galway West, Sinn Fein)
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The Minister might be aware that I have a particular interest in the issue of protected disclosures and protecting whistleblowers. I worked well with the previous Minister, Michael McGrath, in regard to the EU directive. I put forward my own legislation on this. There is obviously now going to be the review of that. There is the EU review of the protected disclosures regime, and I am interested in an update on that.

Jack Chambers (Dublin West, Fianna Fail)
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I thank the Deputy for this question. On 3 July 2024 the European Commission presented a report on the transposition of the EU Whistleblower Directive 2019/1937. This report stated that a review of the directive, which is referred to in Article 27(3), would be finalised no later than 2026. This review or evaluation will assess the functioning of the directive and consider the need for additional measures, including amendments, with a view to extending its scope to further EU acts or areas. Ireland will have an opportunity to input into this review and raise any concerns or emerging issues with the European Commission, through participation by officials in my Department in meetings of the Commission's whistleblowers expert group.

I would also make the Deputy aware that a statutory review of the Protected Disclosures Act is due to commence and as part of this review a public consultation will be carried out. We would encourage different stakeholders and whistleblowers to participate in this consultation. The Protected Disclosures Act 2014 was amended in 2022 and these amendments sought to address a number of issues that were raised during the 2018 statutory review of the 2014 Act. The upcoming statutory review will provide a valuable insight into the operation of the Protected Disclosures (Amendment) Act and the views and experiences of all stakeholders and whistleblowers will be welcome as part of this.

Mairéad Farrell (Galway West, Sinn Fein)
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When the Government was transposing the EU directive on protected disclosures, I was clear at the time and I voiced significant concerns. I felt it was perhaps deliberately going to weaken the transposition. I said I felt the setting up of the protected disclosures office was a retrograde step and that it removed a protected disclosure as a political issue. Previously, an Opposition TD could deliver a protected disclosure to the relevant Minister and then seek to know what progress had been made. Now, the Minister will simply say that has been handed to the protected disclosures office and it has nothing to do with them anymore. We have had very serious cases recently, which were well publicised and extensively dealt with in this House. Those were the whistleblowers in the Grace and CHI cases. We need to make sure we are protecting these people. People come forward because they passionately believe something has gone wrong, and the people have been wronged. We need to protect them. Far too often in this State they are just not protected.

Jack Chambers (Dublin West, Fianna Fail)
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Everybody should be protected, particularly when they raise wrongdoing with public bodies. I think we all share that objective across the House. We have two areas of legislation between 2014 and 2022, some of which was the transposition of EU legislation and also policy direction in an Irish context. We have different points now in the context of the European review, which is happening, and the wider review that will happen in the Irish context, on which we would welcome inputs from across the House and from whistleblowers. We have brought through reforms. As a Department, we are funding the supports in terms of Transparency International Ireland, to support whistleblowers making any claims. Exchequer funding has been given this year to Transparency International Ireland as part of legal advice to be provided to those who want to make a protected disclosure. I welcome that the European Commission has an ongoing review of this, so we will listen to the wider public feedback on the particular domestic regimes that exist in different member states. That will allow any required reforms out of that to occur.

I share the broader objectives relating to ensuring that we have a protected disclosure regime which supports and protects whistleblowers. That is my policy interest in this area.

Mairéad Farrell (Galway West, Sinn Fein)
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One thing I absolutely encourage and urge the Minister to do is listen to the voices of whistleblowers. That is essential. We have had an issue for far too long whereby whistleblowers highlight wrongdoing and feel that they are persecuted after doing so. Unfortunately, from listening to the real-life experiences of whistleblowers, I do not think the position in that regard has changed. We need to do everything we can to protect these people because when it comes to revealing wrongdoing in the State, more often than not, the relevant information actually comes from whistleblowers. I will not name any of them because there are far too many to mention, but the thing that is common to all of them is that how their efforts to reveal wrongdoing were treated. They say people circled the wagons, tried to protect the reputation of the organisations involved and frustrate the whistleblowers' efforts, and, if needs be, questioned their motives, character and so on.

We had incredible witnesses before the Joint Committee on Finance, Public Expenditure and Reform, and Taoiseach in the previous Dáil who told us about their lived experiences as whistleblowers. I hope very much that their words will be reflected in the Department's engagement with the EU as part of this review.

Jack Chambers (Dublin West, Fianna Fail)
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Obviously, the European Commission presented a report in July of last year. The review will be launched this year and finalised next year. That wider evaluation will be essential in order to monitor the transposition of the directive into law in Ireland and in other member states. It will provide an opportunity for a wider input regarding the reforms that may be required as part of the broader EU transposition. From a domestic perspective, we will have a statutory review of the operation of the Protected Disclosures Act. This is due to happen in parallel with the EU review over the coming years. In the context of domestic, international and European legislation, it is important that we have the review. We must also look at the ongoing supports that are available to whistleblowers. That will be essential in the period ahead.

Peter Cleere (Carlow-Kilkenny, Fianna Fail)
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As Deputy Heneghan is not here to take Question No. 4, we will move to Deputy Kerrane.