Written answers

Tuesday, 9 May 2023

Department of Public Expenditure and Reform

Legislative Reviews

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Photo of Carol NolanCarol Nolan (Laois-Offaly, Independent)
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243. To ask the Minister for Public Expenditure and Reform if he will list all reviews of Acts carried out by his Department in line with the provisions of the Act in question from 2000 to date; if a summary will be provided of any substantive amendments of the Act in question that occurred on foot of each review and the amending legislation, if any, in each case; and if he will make a statement on the matter. [21189/23]

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
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The information requested by the Deputy in respect of reviews of Acts which have been carried out by my Department in line with the provisions of that Act since the Department was established in 2011 is set out in the table below.

Reviews of Acts carried out in line with the provisions of the Act since 2011 Summary of any substantive amendments of the Act that occurred on foot of each review Amending legislation,if applicable
Statutory Review of the Protected Disclosures Act 2014 (published 2018)
  • Expansion of material scope of the Act to add volunteers, board members, shareholders and job applicants.
  • Obligation on all private sector organisations with 50 or more employees to establish formal whistleblowing channels (this obligation already existed in the public sector).
  • Requirement on all internal and external recipients of protected disclosures to acknowledge and follow-up on all disclosures and give feedback to the reporting person.
  • Establishment of the Office of the Protected Disclosures Commissioner to act as external recipient of last resort and to handle disclosures made to Ministers of the Government.
  • Reversal of the burden of proof in civil claims of victimisation for having made a protected disclosure and expansion of the interim reliefs available.
 Protected Disclosures (Amendment) Act 2022.
June 2011 - Annual review of the operation and effectiveness of the Financial Emergency Measures in Public Interest Act 2009 under section 13 of the Act. n/a n/a
June 2011 - Annual review of the operation and effectiveness of the Financial Emergency Measures in Public Interest (No. 2 Act) 2009 under section 7 of the Act. n/a n/a
June 2012 - Annual Review of the operation and effectiveness of the Financial Emergency Measures in the Public Interest (No. 2) Act under section 7 of the Act. n/a n/a
June 2012 - Annual review of the operation and effectiveness Financial Emergency Measures in Public Interest Act 2009 under section 13 of the Act. n/a n/a
June 2012 - Annual Review of the operation and effectiveness of the Financial Emergency Measures in the Public Interest (FEMPI) legislation under section 10 of the 2010 Act. n/a n/a
June 2013 to 2022 inclusive - Annual Reviews of the operation and effectiveness of the Financial Emergency Measures in the Public Interest legislation under section 12 of the 2013 Act. n/a n/a

The Freedom of Information Act 2014 and the Ombudsman Acts 1980 to 2012 do not mandate periodic reviews. The Deputy may be aware that a review of the FOI legislation is currently in progress. However, this is undertaken pursuant to section 10(1)(d) of the Ministers and Secretaries Act 2011, rather than under the terms of the 2014 Act itself. No other reviews have been undertaken by the Department in relation to these two provisions since the commencement of the 2014 Act and the amendment to the Ombudsman Act in 2012.

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