Written answers

Tuesday, 20 October 2015

Department of Justice and Equality

Protected Disclosures in the Public Interest

Photo of Mick WallaceMick Wallace (Wexford, Independent)
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140. To ask the Minister for Justice and Equality her views on how the Garda Commissioner has dealt with whistleblower allegations since she came to office; and if she will make a statement on the matter. [35254/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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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 The new provision also repealed the Garda Síochána (Confidential Reporting of Corruption or Malpractice) Regulations 2007.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 satisfied that the legislative provisions now in place under the 2014 Act, including the protections afforded for whistleblowers, is an effective remedy for members who wish to report their concerns regarding potential wrongdoing.

I am aware that concerns in relation to two particular cases have been raised by Deputies, and reported in the media. As the Deputy will know, protection for whistleblowers rightly prioritises the confidentiality of the process, a confidentiality which is central to the efficacy of the process. Insofar as these particular cases are concerned, I have no function in relation to criminal investigations and the submission of files to the DPP, or in relation to the investigation of complaints by GSOC.

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