John McGuinness (Carlow-Kilkenny, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

584. To ask the Minister for Jobs, Enterprise and Innovation the process within her 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 her Department; and if she will make a statement on the matter. [15078/17]

Mary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
Link to this: Individually | In context | Oireachtas source

My Department is committed to fostering an appropriate environment for addressing concerns and supporting workers in speaking out about potential wrongdoing in the workplace.  The Department’s Protected Disclosures policy outlines the process in place for dealing with protected disclosures under the Protected Disclosure’s Act 2014.  The policy provides, inter alia, that a worker, as defined in the Protected Disclosure’s Act 2014, may make a protected disclosure within the Department to the Head of a Business Unit (Principal Officer equivalent), the Head of a Division, any other member of the Management Board, or to the Head of Management Support Unit (Principal Officer), who is a member of the Management Board. Workers may also make protected disclosures to persons outside the Department, and to a number of Offices and Agencies of the Department, which are prescribed under the Act. These arrangements are included in the Department’s Protected Disclosures policy.

Where a protected disclosure is made, the concern raised is treated seriously and investigated where it is considered appropriate. Every appropriate step is taken to safeguard the identity of the person raising the concern and they are kept fully apprised of how the issue is being addressed, including the outcome of any investigation. The person raising the concern is not disadvantaged in any way for having made the disclosure, even if no wrongdoing is identified, providing the concern was based on a reasonable belief.  The Protected Disclosures policy provides that the person receiving a disclosure should notify, in confidence, the Secretary General, the appropriate Head of Division, the HR manager and the Head of the Management Support Unit.

Depending on the nature of the disclosure, the recipient of an allegation may decide to conduct an initial examination of the issue themselves, or may refer the matter to another colleague who is more suited to investigate the alleged wrongdoing. If, on preliminary examination, there appears to be prima facie substance to the allegation, the matter may be the subject of a full investigation or may be referred to an outside body, including An Garda Siochana.

Since the Protected Disclosure’s Act 2014 came into force, there have been 7 disclosures to my Department.  In two of these cases the matters raised related to the business of my Department and were assigned for investigation by persons outside the Department, with relevant expertise. In other situations the matters raised were not the subject of areas of responsibility of my Department and had been also separately raised with the relevant Government Department.  In all cases the person making the disclosure was kept informed of the decision by my Department in relation to their disclosure.