John McGuinness (Carlow-Kilkenny, Fianna Fail)
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129. To ask the Minister for Finance 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. [15075/17]

Michael Noonan (Limerick City, Fine Gael)
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I can advise the Deputy that my Department promotes a culture where members of staff are encouraged and supported in 'speaking up' on any issue that may impact adversely on the Department's ability to properly and fully carry out all its roles and responsibilities.

The Department's Protected Disclosures Policy and Procedures document of May 2015 was recently reviewed and updated following the issuing of guidance from the Department of Public Expenditure and Reform and the revised Policy document was circulated to all Department staff last month.

Those officials who have been designated as a potential recipient of a Protected Disclosure under the Department's Policy Document recently received in-depth training from an external legal expert with experience in protected disclosures on the Protected Disclosures Act and the associated processes of dealing with a Protected Disclosure.  In the past month, three information sessions have also been held for staff on the legislation and the process of making a disclosure.

Under the Department's Policy, a disclosure can be made to the Department's Head of Compliance, Head of Legal Unit, to a Principal Officer, a member of the Executive Board or the Secretary General. The Policy provides that the appropriate contact for any disclosures outside the normal reporting channels is the Head of Internal Audit in the Department of Public Expenditure and Reform. A disclosure however can also be made outside of these normal reporting channels; for example to: a legal advisor, a Minister of the Government, and a 'prescribed person' under SI 339 of 2014 and SI 448 of 2015.

The Deputy may wish to note that I understand that the Department of Public Expenditure & Reform is in the process of establishing a multi-supplier framework agreement for third parties to provide services to public bodies related to the Protected Disclosures Act.

Under the Department's Protected Disclosures Policy, when a recipient receives a Protected Disclosure they must undertake an initial assessment within 14 days of receipt of the disclosure. If the recipient determines that an investigation is required, the Secretary General will then nominate a senior official to investigate the matter.  The fact of such an investigation will be reported to the Head of Internal Audit.  Both the Secretary General and the Head of Internal Audit will also be advised of the outcome and any recommendations arising.  The individual making a disclosure will be advised of the progress and outcome of the investigation as appropriate having regard to the nature of the matters investigated, of the outcome of the investigation.  Some matters, however, may be of such seriousness that the investigation will more appropriately be carried out externally or by professional experts and in some cases may need to be reported to An Garda Síochána or another body with the statutory power and function of investigation of particular matters.

As provided for under Section 22 of the Act, a report will also be prepared and published on an annual basis setting out the number of disclosures made to the Department in the previous year, the actions taken in response to those disclosures and any other information as may be requested by the Minister for Public Expenditure and Reform under the Act.  In 2015, there were no Protected Disclosures made to the Department. Details concerning 2016 will be published on the Department's website shortly.

My Department is strongly committed that any appropriate issue raised by a member of staff relating to a matter connected to the conduct of the business of the Department will be dealt with professionally and appropriately.