Lucinda Creighton (Dublin South East, Independent)
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110. To ask the Minister for Justice and Equality the number of Garda whistleblowers that have come forward since May 2014; if she will provide a comprehensive update on the way each individual whistleblower complaint or allegation has been dealt with; and if she will make a statement on the matter. [41143/14]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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Up to recently whistleblowing by members of the Garda Síochána was provided for under the Garda Síochána (Confidential Reporting of Corruption or Malpractice) Regulations 2007,made under s.124 of the Garda Síochána Act 2005. These Regulations provided for the appointment of an independent Confidential Recipient to whom members of the Force, and civilian support staff, could report, in full confidence, instances where they believed there may have been corruption or malpractice within the Garda Síochána.

The Confidential Recipient was required to transmit each confidential report to the Garda Commissioner (or to the Minister, if the report contained an allegation which related to the Garda Commissioner). In transmitting a report the Confidential Recipient was obliged to protect the identity of the whistleblower and any communication between the Confidential Recipient and the whistleblower was confidential and was not conveyed to the Minister or the Department officials.

The Protected Disclosures Act 2014 came into operation on 15 July 2014 as part of this Government's comprehensive approach to enhance the protection available to whistle blowers, including Garda whistleblowers. Section 19 of the Act inserted a new provision into the Garda Síochána Act 2005, which provides for the Garda Síochána Ombudsman Commission (GSOC) to be a prescribed person under the 2014 Act to investigate disclosures relating to the Garda Síochána, including disclosures from members of the Garda Síochána. The new provision also repealed the Garda Síochána (Confidential Reporting of Corruption or Malpractice) Regulations 2007. The Statutory Instrument (No. 339 of 2014) which prescribed GSOC as a body to receive protected disclosures was signed into law on 23 July 2014. Members of the Garda Síochána may now communicate their concerns to the Garda Commissioner (as their employer) or to GSOC (as a prescribed body) under the provisions of the Protected Disclosures Act 2014 and are entitled to the protections provided by the Act.

I am advised by the Garda authorities that they have received three reports since May 2014, two under the 2007 Regulations referred to above and one under the Protected Disclosures Act. I am advised that the first is under investigation by an appointed Assistant Commissioner and that the second was referred to GSOC following correspondence with the employee. The third complaint was submitted to GSOC under section 102(5) of the Garda Siochana Act 2005. As the Deputy is aware, the Garda Siochana Ombudsman Commission is an independent body, I have no details of the numbers of disclosures which may have been made to GSOC as the prescribed person, under the provisions of the Protected Disclosures Act, or how any such disclosures may have been dealt with.