Maurice Quinlivan (Limerick City, Sinn Fein)
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92. To ask the Minister for Jobs, Enterprise and Innovation if her attention has been drawn to concerns regarding section 7 of SI No. 188 of 2018, which amended the Protected Disclosures Act 2014 without a Dáil Éireann debate; her plans to bring this before Dáil Éireann for debate and scrutiny; and if she will make a statement on the matter. [30604/18]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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The EU Directive on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure was transposed by way of S.I. 188 of 2018, European Union (Protection of Trade Secrets) Regulations 2018.  These Regulations were made by me on the 8th June under, and in accordance with, the European Communities Act 1972 and were subsequently laid before the Oireachtas on 13th June. 

During the transposition process the implications of the Directive for the Protection Disclosures Act 2014 was brought to my Department's attention.  Legal advice was sought and received to the effect the Directive imposes a requirement for a subjective public interest test and that the transposing legislation should amend the Protected Disclosures Act 2014 by adding a requirement that a "protected disclosure" coming within Article 5 (b) of the Directive i.e. a disclosure involving revealing misconduct, wrongdoing or illegal activity, must be made for the purpose of protecting the public interest.  Accordingly S.I. 188 of 2018 contains such an amendment so that Ireland achieves a full transposition of the Directive.