Written answers

Tuesday, 16 January 2018

Department of Housing, Planning, and Local Government

Protected Disclosures

Photo of John McGuinnessJohn McGuinness (Carlow-Kilkenny, Fianna Fail)
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1767. To ask the Minister for Housing, Planning, and Local Government if he will make available an unredacted copy of the report submitted by Galway City Council relative to the case of a person (details supplied); if the protected disclosure submitted by the person is being examined by an independent person outside of and unconnected to his Department; and if he will make a statement on the matter. [1328/18]

Photo of Eoghan MurphyEoghan Murphy (Dublin Bay South, Fine Gael)
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The submission referred to in the Question was made under the Protected Disclosures Act 2014 and is being examined by my Department in accordance with the provisions of that Act and guidance issued under section 21(1) of the Act for the purpose of assisting public bodies in the performance of their functions under that Act.

In its consideration of this submission, my Department is obliged, under Section 16 of the Act, to protect the identity of a person making a disclosure where possible.

My Department is also cognisant of the right of action in tort conferred by Section 13 of the Act on any party, including any individual named in the protected disclosure, who suffers detriment as a consequence of the disclosure. As the protected disclosure submission and the report prepared in response by Galway City Council refer to serious allegations against named individuals, it is important to ensure that they are afforded appropriate protection that complies with the general principles of natural justice and fair procedures.

My Department is aware of the request by the individual who made the protected disclosure submission to receive a full copy of the report prepared by Galway City Council in response to the allegations made in the submission.  My Department is considering this request as part of its active examination of the protected disclosure, including in the context of its obligations under Sections 16 and 13 of the Act.

My Department will be in contact with the individual named again in the coming weeks with a more detailed response.

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