Written answers

Thursday, 29 May 2025

Department of Public Expenditure and Reform

Protected Disclosures

Photo of Mairéad FarrellMairéad Farrell (Galway West, Sinn Fein)
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104. To ask the Minister for Public Expenditure and Reform if he will identify when he is planning on having a review of the protected disclosures regime, given recent criticism of the ongoing reprisals whistleblowers face; and if he will make a statement on the matter. [27884/25]

Photo of Jack ChambersJack Chambers (Dublin West, Fianna Fail)
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The statutory review of the Protected Disclosures (Amendment) Act, 2022 is scheduled to commence in 2027. It will be informed by ongoing data collection, a public consultation, and the forthcoming 2026 evaluation of the EU Directive underpinning the legislation.

The Protected Disclosures (Amendment) Act, 2022 which commenced in full on 1 January 2023, significantly strengthened the legislation to protect individuals who report wrongdoing in the workplace. The act introduced a number of significant changes including one that provides that where a worker alleges penalisation, the burden now rests on the employer to prove that any action taken was justified and unrelated to the disclosure.

Another key innovation of the 2022 Act was the establishment of the Office of the Protected Disclosures Commissioner. Operational since January 2023, the Commissioner helps ensure that disclosures are directed to the most appropriate regulatory body and can itself investigate reports where no suitable body exists.

To support those considering making a disclosure, free and independent advice is available through Transparency International Ireland’s Speak Up Helpline, funded by my Department.

Strong legislative frameworks must be matched by effective implementation. Revised Statutory Guidance for public bodies was issued in November 2023. This assists leaders and managers in understanding their responsibilities under the 2022 Act and includes best practice templates for handling disclosures and supporting reporting persons. While targeted at public bodies, this guidance is also relevant to the private sector.

In addition, my Department works with the Protected Disclosures National Advisory Group, a forum of disclosure managers from Departments, public bodies, and prescribed persons to share best practices, identify challenges, and promote consistent implementation on an ongoing basis. Regular training is also facilitated by my Department.

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