Clare Daly (Dublin Fingal, Independent)
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24. To ask the Minister for Justice and Equality the steps she has taken to ensure that Garda Síochána whistleblowers are not subjected to bullying and harassment; and if she will make a statement on the matter. [17105/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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As the Deputy is aware, there has been significant change in the procedures for members of the Gardaí who wish to report allegations of wrongdoing.

Prior to the Protected Disclosures Act 2014 coming into operation, whistleblowing by members of the Garda Síochána was provided for under the Garda Síochána (Confidential Reporting of Corruption or Malpractice) Regulations 2007. Those Regulations were revoked by the 2014 Act and an entirely new system was put in place.

The 2014 Act was part of the then Government's comprehensive approach to enhancing the protections available to whistleblowers, including members of the Garda Síochána. Under the Act, the Garda Síochána Ombudsman Commission (GSOC) is now the prescribed body authorised to receive protected disclosures on Garda matters. GSOC is a statutorily independent body under the Garda Síochana Act.

However, Gardaí who wish to make protected disclosures may do so to other persons who are prescribed for this purpose. Accordingly, members of the Garda Síochána may communicate their concerns to the Garda Commissioner, as their employer if they so choose, or they may make a disclosure directly to GSOC. Where a protected disclosure is made to GSOC the Act provides that GSOC may, if it appears to it desirable in the public interest to do so, investigate the disclosure.

It is important to recognise the very significant fact that a member of the Garda who makes a disclosure in accordance with the Act is entitled to all the protections provided for whistleblowers in the Act. These protections include protection from having their identity revealed, protection from dismissal and protection from being penalised in their employment as a result of having made a protected disclosure.

In light of the public interest in An Garda Síochána having robust policies and procedures in place to support and protect whistleblowers and to ensure that their complaints/allegations are fully investigated, I signalled during the Dáil debate on the O'Higgins Report that I would refer certain matters to the independent Policing Authority. To that end, I wrote to the Authority on 2 June 2016 requesting that in accordance with section 62O(6) of the Garda Síochána Act 2005 (as amended) they submit a report on the policies and procedures in place in An Garda Síochána to deal with whistleblowers/whistleblowing. I also asked that they make any recommendations that they consider appropriate in order to ensure that the policies and procedures in place are appropriate and can provide assurance that whistleblowers can make complaints/allegations in a safe environment where their complaints/allegations are properly investigated.

The Deputy is also no doubt aware of the measures that the Garda Commissioner outlined at her recent meeting with the Policing Authority. The Garda Síochána has published its Protected Disclosures Policy and all Garda Members and civilians have been informed of this policy. In addition the Garda Commissioner has appointed a Protected Disclosures Manager who will be supported with a dedicated and properly trained team. The Garda Síochána is working with Transparency International Ireland and other external providers to create an environment to ensure that whistleblowers are protected and supported.

The Garda Commissioner is committed to providing a positive and supportive working environment for all Garda personnel. An Garda Síochána's Dignity at Work Policy, entitled "Working Together to Create a Positive Working Environment", outlines the policy and procedures for dealing with Harassment, Sexual Harassment and Bullying in the Workplace. The main Objective of the policy is to achieve a safe and harmonious working environment that encourages and supports the right to dignity at work. I am informed that the Commissioner has established an internal Garda Work Group to review the current practice and policies in place in An Garda Síochána and this work is currently ongoing.

All of this points to the very significant changes in the regime for making protected disclosures by members of the Gardaí and the significant protections afforded to those who make protected disclosures. I am satisfied that the legislative and administrative provisions now in place will prove to be an effective remedy for Garda members who wish to report their concerns regarding potential wrongdoing.