Gillian Toole (Meath East, Independent)
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At this point, every Member of Dáil Éireann has received an email with information about protected disclosure, PD17/2025. That protected disclosure was made by a conscientious health professional. I am raising it as a matter of utmost gravity because, as far back as June and July of this year, that healthcare professional has attempted to get the matters relating to public health addressed by HIQA, the Department of justice, the Department of Health and the Pharmaceutical Society of Ireland, to name but four. At this point, the lack of the issue being addressed goes to the heart of public trust in our democracy.

The submission is evidence based and contains a combination of clinical information and ethical common sense. Despite the seriousness of the allegations and repeated good faith to follow-up, no meaningful investigation has been undertaken to date. Fiosrú, the body tasked with examining such inaction, has received complaints about this failure to investigate crimes and has thus far failed to act. Government Departments and State agencies are implicated, yet all people in Ireland are equal before the law. Our Constitution does not allow the State to shield itself from scrutiny.

There is a profound conflict of interest here. The Garda cannot credibly investigate wrongdoing when those accused sit within the structures of direct Garda oversight and funding. Will the Taoiseach now commit to the establishment of an independent, external investigation into the handling, or non-handling, of these serious reports by An Garda Síochána, the Department of Health and the Department of justice? Will he publish the correspondence and internal assessments, which thus far have resulted in no investigation being opened?

Micheál Martin (Cork South-Central, Fianna Fail)
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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-----

Verona Murphy (Wexford, Independent)
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Thank you, Taoiseach

Micheál Martin (Cork South-Central, Fianna Fail)
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-----provide for a statutory review of the Act to be commenced not later than five years from the date of the Act. That review is due to commence in 2027-----

Verona Murphy (Wexford, Independent)
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Thank you. I call Deputy Toole.

Micheál Martin (Cork South-Central, Fianna Fail)
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-----and a public consultation will be carried out prior to this review.

Gillian Toole (Meath East, Independent)
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All of the processes have been followed, including contacting the OPDC. By referencing the other agencies, my point is that there is silence. This is a matter of serious public health. When I cross-check the criteria and scope with the Covid-19 evaluation committee that the Department of the Taoiseach established, under scope and exclusions are the very matters included within this protected disclosure: the care of older people in nursing homes between 2020 and 2022; the administration of gene therapy to people during the same period; and various other evidential and research-based issues that have arisen since then, even in other jurisdictions, and have been the subject of parliamentary questions.

I would again ask the question - will there be an inquiry into this protected disclosure as a matter of urgency?

Micheál Martin (Cork South-Central, Fianna Fail)
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Two things. First of all, in terms of Covid-19, the Government has established an evaluation of the management of and the State response to Covid-19-----

Paul Murphy (Dublin South West, Solidarity)
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Toothless.

Micheál Martin (Cork South-Central, Fianna Fail)
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-----which was an unprecedented public health event across the world that had the most significant and severe impacts on societies and on people. The more fundamental objective has always been to try to protect and save lives. People acted in very good faith to do that. I just want to make that point.

What we are reluctant to do is add a new layer now because this will go on forever. I do not mean that in any disrespectful way. There has to be a system to deal with protected disclosures. We cannot add new layers. I think we can review it in the context of how the Act is working but, ideally, we should be able to deal with protected disclosures within the legislation and people should respond.

Verona Murphy (Wexford, Independent)
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Thank you, Taoiseach

Micheál Martin (Cork South-Central, Fianna Fail)
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The last thing we want is more and more public inquiries, including statutory-based public inquiries, which can go on for years. That is not satisfactory either.