Written answers

Tuesday, 6 December 2016

Department of Public Expenditure and Reform

Protected Disclosures

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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263. To ask the Minister for Public Expenditure and Reform the channels available to members of the public that are not employees to make a protected disclosure in instances in which they have a belief they have evidence of significant wide spread or systemic malpractice and policy failure in areas of the public service; and if he will make a statement on the matter. [38434/16]

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
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As theDeputy may be aware, my Department is responsible for the Protected Disclosures Act 2014, which provides statutory protections to workers in the private, public and not-for-profit sectors against reprisals in circumstances where they disclose information related to wrongdoing that has come to their attention in connection with their employment. The term "worker" in this case includes employees, contractors, agency workers, people gaining work experience, and trainees. It also covers members of the civil service, An Garda Síochána and members of the defence forces.

Members of the public who have no connection with the relevant workplace are not covered by the provisions of the Act (including its protections) and cannot therefore make 'protected disclosures' under the legislation. However, in bringing forward evidence of malpractice or policy failure in the public service, a number of reporting channels are open to them. For example, in cases of suspected fraud or criminality, the matter can be reported to An Garda Síochána. Various regulatory bodies, such as the Data Protection Commissioner, the Health and Safety Authority, and the Health Information and Quality Authority, are empowered to investigate and sanction inter alia public bodies for legislative or regulatory breaches in their respective sectors.

In addition, under the statutory framework governing his office, the Ombudsman can also initiate an investigation to ensure that problematic issues in a particular sector are addressed and/or matters of significant public interest are brought to the attention of the public. Furthermore, as well as assisting workers seeking to make protected disclosures under the Act, Transparency International Ireland's 'Speak Up Helpline' also offers information, referral advice and advocacy support for other witnesses and victims of corruption and other wrongdoing on a confidential basis.

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