Clare Daly (Dublin Fingal, Independent)
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119. To ask the Tánaiste and Minister for Justice and Equality the number of members of An Garda Síochána, both gardaí and civilians, who are on leave and or absent from work due to sickness following their efforts to whistleblow since August 2014. [40049/17]

Charles Flanagan (Laois, Fine Gael)
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I am not in a position to provide the Deputy with the number of whistleblowers who are currently on leave and/or absent from work due to sickness. Given the obligation to protect the identity of those who make protected disclosures, it would require a breach of this obligation to attempt to collate information on the number who may be off work for any reason. I understand that my predecessor has already explained this position in response to a similar question on 23 May, 2017 (Parliamentary Question No. 76).

As the Deputy is aware, the Protected Disclosures Act came into effect on 15 July 2014, and in relation to members of An Garda Síochána replaced the previous system of making disclosures to a Confidential Recipient. The Act was part of the then Government's comprehensive approach to enhancing the protections available to whistle-blowers, including members of the Garda Síochána.

Under the Act, members of the Garda Síochána may communicate their concerns to the Garda Commissioner, as their employer if they so choose, or they may make a disclosure to GSOC, which is a statutorily independent body, for investigation. Where a protected disclosure is made to GSOC, the Act provides that GSOC may, if it appears to it desirable in the public interest to do so, investigate the disclosure.

The legislation also allows that an individual employed by a public body may also make a Protected Disclosure to the Minister with responsibility for that body. I should point out that it is possible that the same individual could make a protected disclosure to more than one of the possible recipients under the Act.