Mick Wallace (Wexford, Independent)
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46. To ask the Tánaiste and Minister for Justice and Equality his views on the functioning of the protected disclosures system in An Garda Síochána; his further views on whether it is serving the needs of those who make a protected disclosure; the number of protected disclosures An Garda Síochána has received since 2014 under this system; the number of the disclosures that are still under active investigation; the length of time each investigation has taken; and if he will make a statement on the matter. [29601/18]

Charles Flanagan (Laois, Fine Gael)
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As the Deputy is aware, the Protected Disclosures Act came into effect on 15 July 2014. In relation to members of An Garda Síochána, the introduction of that Act 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.  Additionally, the legislation allows that an individual employed by a public body may also make a Protected Disclosure to the Minister with responsibility for that body; in the case of An Garda Síochána, that is me.

The core provisions in the Act provide for protection from dismissal and other forms of penalisation for the making of a protected disclosure, and for the protection of the identity of persons making disclosures.  This right to anonymity afforded to the Discloser and the confidentiality of the process, is central to the efficacy of that process. 

The Garda Síochána have published a Protected Disclosures Policy and all Garda members and civilians have been informed of this policy.  Furthermore, the Garda Commissioner has appointed a Protected Disclosures Manager. The Garda Síochána have been working with Transparency International Ireland and other external providers to create an environment to ensure that whistleblowers are properly protected and supported. An “Integrity at Work” pledge and “Integrity at Work Membership Agreement” was signed by the Garda Commissioner and Transparency International Ireland on 4 October, 2017.  The Garda Síochána Code of Ethics includes very strong commitments in relation to 'Speaking Up and Reporting Wrongdoing'.

As the Deputy is aware, in 2016 the then Minister requested the Policing Authority to examine and report on the policies and procedures in place in An Garda Síochána to deal with whistle-blowers and whistleblowing. The Authority was also asked to make any recommendations that it considered appropriate in order to ensure that the policies and procedures in place are appropriate and can provide assurance that whistle-blowers can make complaints or allegations in a safe environment where their complaints or allegations are properly investigated.

The Policing Authority completed its review and reported in November, 2016.  The Report was laid before both Houses in accordance with the Garda Síochána Act 2005.

Taken together, I am satisfied that the comprehensive actions taken by this Government to support and protect those, including staff of An Garda Síochána, who make protected disclosures are having a real and positive impact.

I have requested the data sought by the Deputy from the Garda Commissioner and I will forward it when it is available.