Thomas Pringle (Donegal, Independent)
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202. To ask the Minister for Public Expenditure and Reform the process that a whistleblower should follow in order to protect themselves in relation to making a disclosure; and if he will make a statement on the matter. [33997/21]

Michael McGrath (Cork South Central, Fianna Fail)
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Ireland has comprehensive whistleblower protection legislation in place in the form of the Protected Disclosures Act 2014. The protections for whistleblowers are to be further strengthened by the transposition of EU Directive 2019/1937, the Whistleblowing Directive, which is due to be transposed this year.

Protected disclosures can be made by workers in the public and private sectors. This includes not only employees but also contractors and agency staff engaged by an organisation.

A protected disclosure, as defined in Section 5 of the Act, is a disclosure of information, which, in the reasonable belief of a worker, tends to show one or more relevant wrongdoings that came to the worker's attention in connection with their employment and is disclosed in the manner prescribed in the 2014 Act. Relevant wrongdoings that can be reported include: criminal offences; failure to comply with a legal obligation; miscarriage of justice; endangerment of health and safety; damage to the environment; unlawful or improper use of public funds; oppressive; and discriminatory or negligent behaviour by a public body as well as any attempt to conceal or destroy evidence of any of the above wrongdoings.

Workers can make a protected disclosure to their employer in accordance with section 6 of the Act. The vast majority of protected disclosures are made in this manner in the first instance. If a worker does not want to report to their employer or they have reported to their employer but no action or insufficient action was taken, they can report to a prescribed person under section 7 of the Act, provided they have a reasonable belief the information is substantially true. A full list of prescribed persons is available at: www.gov.ie/en/collection/41798-protected-disclosures-whistleblowing-list-of-prescribed-persons/. A worker in a public body can make a protected disclosure to a relevant Government Minister in accordance with section 8 of the Act. A worker can also make a protected disclosure to another third party in accordance with section 10 of the Act. This section is subject to a more stringent set of conditions in order for the worker to be entitled to protection.

There are also special rules in place under section 17 for reporting on matters relating to law enforcement and section 18 for reporting on matters relating to security, defence, international relations and intelligence.

Workers who make protected disclosures are protected from dismissal and any other form of penalisation for having made a protected disclosure. They are also protected from civil and criminal liability for any breach of confidentiality if to so was necessary in order to make a disclosure. Protection is provided through the Workplace Relations Commission and the courts.

As the Deputy can see from the above, entitlement to protection under the Act depends on who has made the report, the matter that has been reported and to whom the report has been made. If a worker is uncertain as to whether they qualify for protection under the Act, they should seek legal advice. In this regard, my Department provides Exchequer funding to Transparency International Ireland to operate a free Speak Up Helpline and Legal Advice Centre to assist persons who have made or are considering making a protected disclosure.  Further information can be found at: www.transparency.ie/helpline.