John McGuinness (Carlow-Kilkenny, Fianna Fail)
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88. To ask the Minister for Justice and Equality 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. [15079/17]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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As the Deputy will be aware, the Protected Disclosures Act 2014 came into operation on 15 July 2014 and my Department has since put a Protected Disclosure Policy in place. A copy of the policy can be found on the Department's website (www.justice.ie) and it has been communicated to all relevant staff who have also received specialist training in the provisions of the Act and the policy. The other vote holding bodies in the Justice sector have their own individual Protected Disclosure policies in place in line with the requirements of the Act.

The policy advises workers to report to their line manager in the first instance. If a worker is reluctant to do this, they can report to the next highest level of management or to the Head of Internal Audit who acts as the final recipient for internal reporting. Alternatively, as provided for in the Act, an individual can make a disclosure externally to other recipients.

On receipt, the procedure is that each disclosure is assessed by the Internal Audit Unit. As the Deputy will be aware, the Internal Audit Unit is an independent function reporting to an Audit Committee and also to the Secretary General. The preliminary assessment will determine if the disclosure comes within the scope of the legislation. Some issues, for example, may be more appropriate to the Civil Service Dignity at Work policy. The assessment will determine if the disclosure can be defined as a Protected Disclosure which will then be investigated. At all times the details of the discloser are maintained in a confidential manner in line with the requirements of the Act.

The disclosure will generally be investigated by the Internal Audit Unit although in some circumstances it may be appropriate to appoint an external investigator. I am informed the investigator will meet with the Discloser personally and discuss the issue in more detail. The investigation process considers all evidence and determines if a wrongdoing has occurred. On completion of the investigation, the investigator makes a determination, assesses the further action required and outlines same in a report that is given to both the Discloser and the organisation. The Discloser is kept informed throughout the process.

The policy provides the option of a review process where a Discloser is not satisfied with the outcome of the initial investigation. An external reviewer reviews the file and assesses whether the evidence is available on file to back up the determination and findings made from the initial investigation. My Department has appointed a retired judge as the External Reviewer for this purpose.

In line with section 22 of the 2014 Act, my Department publishes an annual report on matters dealt with under this internal policy. In 2015 there were 5 such communications received, of these 3 did not relate to my department, 1 was deemed not to be a protected disclosure and 1 disclosure was investigated and upheld. 10 communications were received in 2016; however 6 did not relate to my Department, 3 were deemed not to come within the scope of the Act and 1 is under review. An annual report in respect of 2016 will be published on the Department's website in due course.

It is important to note that in certain instances my Department receives correspondence which is more appropriate for investigation by other organisations or agencies. In these instances the discloser will be informed that the communication is to be forwarded to the appropriate organisation for follow up. For example, where appropriate, correspondence may be forwarded to, for example, the Garda Síochána Ombudsman Commission or the Courts Service or another Government Department.

The Department is fully committed to ensuring that high standards are put in place throughout the organisation and its agencies, with a view to encouraging people to speak up. A number of steps have been taken to promote and support those who wish to make a disclosure, including detailed training delivered by external experts to approximately 500 managers on the 2014 Act and the relevant policies. In addition, both the Department and a number of its agencies have signed up to the Integrity at Work initiative delivered by Transparency International Ireland. This is aimed at promoting awareness of the Protected Disclosure Act and supportive working environments for anyone reporting concerns about wrongdoing and driving improvements in the culture and conditions in organisations relating to disclosures. My Department's policy encourages workers who wish to make a disclosure to contact Transparency International Ireland for support and advice.