Clare Daly (Dublin Fingal, Independent)
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281. To ask the Minister for Health further to Parliamentary Question No. 189 of 18 April 2019, if he will amend his response that all protected disclosures received by his Department are given due attention in keeping with the policies and procedures of his Department in accordance with the Act in view of the fact that it has failed to make a decision in regard to whether or not to investigate at least one protected disclosure (details supplied) in its possession within the 21 days as laid out in its policy and procedures. [20348/19]

Simon Harris (Wicklow, Fine Gael)
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The Department’s Policies and Procedures document in relation to protected disclosures sets out timeframes for certain steps in the process for dealing with protected disclosures. These timeframes are not statutory but, rather, reflect the Department's overall policy in dealing with these matters. In relation to the initial assessment of a protected disclosure, the Deputy correctly refers to the timeframe of 21 days within which the person who has made the disclosure should be advised as to whether the matter requires an investigation. The specific case referred to relates to a body under the aegis of the Department of Health. Regrettably, in this case it was not possible to meet this timeline, given the extensive nature and complexity of the disclosure made.

I can confirm that this protected disclosure has been given significant attention by the Department. Given the nature of this protected disclosure and its overlap with other matters, it was decided that it would be more appropriate to make arrangements for an external review. This is in keeping with the Policies and Procedures document. A procurement process has been completed to source an appropriate reviewer. The Department is currently engaged in finalising the terms of reference for the review. To assist in the process I understand that the Department has been in contact with the person who made this protected disclosure and that, most recently, a significant amount of additional information has been provided which is currently being examined by the Department. These papers will be passed to the external investigator to assist in finalising the terms of reference of the investigation. It is intended that the person who made this protected disclosure will also have sight of the terms of reference of the investigation prior to its commencement. The Department fully appreciates the desire on the part of the person making the disclosure to have the matter concluded and the delay in doing so is regretted. The person who made the disclosure has been updated on specific developments and the Department's plans and this will continue.

In relation to the carrying out of the review, the policy states that an investigation should be carried out ‘without delay’. It is also clear that the investigation should be consistent with investigatory procedures and should embody principles of natural justice. There is no precise timescale or steps required for investigations under the policy as it is recognised that this will depend on the nature and extent of the issues raised.

In light of the above, I do not believe it is necessary to amend the record. While it was not possible to meet the suggested timelines in this policy, the necessary steps have been complied with and arrangements are underway to conduct an external review.