John McGuinness (Carlow-Kilkenny, Fianna Fail)
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553. To ask the Minister for Transport, Tourism and Sport the process within his Department for dealing with protected disclosures under the 2014 Act; if the examinations of such disclosures are carried out by an independent authority or persons other than those within the organisation to which the disclosure refers; the number of disclosures received by his Department; and if he will make a statement on the matter. [15083/17]

Shane Ross (Dublin Rathdown, Independent)
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​The Department has in place a Policy on Protected Disclosures that outlines the internal and external mechanisms for reporting, investigating and remedying any wrongdoing in the Department. The Policy has been developed in line with the Department of Public Expenditure and Reform's Guidance for public bodies on the performance of their functions under the Protected Disclosures Act. A member of staff may make an internal disclosure to  their direct line manager or to more senior member of staff, as appropriate, where they have a genuine concern relating to suspected wrongdoing or danger affecting any of the Department's activities. Alternatively a member of staff may seek to make an external disclosure if certain conditions are met as outlined in the Department's Policy. All disclosures are subject to an initial assessment by the recipient of the disclosure following guidelines set out in the Policy.

 Where it is determined that the disclosure falls within scope and it is necessary to carry out an investigation, a full investigation must be immediately initiated. Depending on the nature of the disclosure, the recipient of a disclosure may decide to conduct the investigation themselves or may consider referring to a more senior official for investigation. The Policy provides for periodic feedback in relation to the matters disclosed including when consideration of the disclosure is complete. If a discloser is not satisfied with the outcome he/she may seek a review. One review is available under the terms of the Policy and the decision of that review is deemed to be final.

I am advised that no Protected Disclosures have been received from staff of the Department but a number of disclosures have been made since the enactment of the legislation in 2014 to Ministers in respect of matters relating to agencies of the Department or other external issues. Where the Department is of the view that the matter disclosed falls within the Act and requires a full investigation, it shall decide who is best placed to carry out the investigation and the matter should be referred to that person, including if appropriate to a relevant prescribed person or to an appropriate agency (such as an Garda Síochána). Legal advice is being sought on the powers of the Minister to direct an investigation independent of the agency against which the disclosure is made.

To date, 46 disclosures have been received. 40 of these were made by one individual and relate to functions of another Department and are unrelated to the functions of my Department. These were passed to that Department for assessment. Of the remaining cases, two are under assessment, one resulted in no evidence being found following an independent examination on behalf of one of the Department's agencies, one was deemed not to be a disclosure under with the provisions of the Act, one is a disclosure made to one of the Department's agencies and copied to both the Minister of State and myself and the remaining case refers to confidential disclosures made to another Minister but seeking an additional matter from me. In the latter case, my Department has corresponded with the legal representative of the person who made the disclosure and is awaiting a response.