Written answers
Tuesday, 21 October 2014
Department of Public Expenditure and Reform
Protected Disclosures in the Public Interest
Arthur Spring (Kerry North-West Limerick, Labour)
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255. To ask the Minister for Public Expenditure and Reform the process an ex-public servant employee should follow when wishing to whistle-blow on activities in their former place of work. [39976/14]
Brendan Howlin (Wexford, Labour)
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The Protected Disclosures Act enacted in July 2014 establishes a comprehensive framework for safeguarding both public and private sector workers against penalisation for making protected disclosures in accordance with the Act. The Act, which represents international best practice, provides for a number of different disclosure channels which are subject to different conditions in order to attract the protections available under the legislation. Consequently it is not feasible to provide legal guidance on the course of action an individual should take, in the absence of sufficient information on the particular circumstances that apply in any specific case. In that context, section 9 of the Protected Disclosures Act provides that a worker may make a protected disclosure in the course of obtaining legal advice, including advice relating to the operation of the Protected Disclosures Act, from a barrister, solicitor or trade union official. The Deputy may wish, therefore, to bring the attention of the person referred to in his question to this provision in the legislation.
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