Barry Ward (Dún Laoghaire, Fine Gael)
Link to this: Individually | In context

632. To ask the Minister for Public Expenditure and Reform his views on whether existing legislation related to the protection of corporate whistleblowers stands up compared to our European neighbours including France and the Netherlands; if competitive research has been carried out into their laws in this area; and if he will make a statement on the matter. [45806/25]

Barry Ward (Dún Laoghaire, Fine Gael)
Link to this: Individually | In context

633. To ask the Minister for Public Expenditure and Reform if he will consider strengthening existing legislation in relation to the possible redress for whistleblowers who experience professional and reputational damage directly due to them speaking out on particular corporate practices; and if he will make a statement on the matter. [45807/25]

Barry Ward (Dún Laoghaire, Fine Gael)
Link to this: Individually | In context

634. To ask the Minister for Public Expenditure and Reform if he will consider providing a fund to support whistleblowers that lose their employment or future employment opportunities directly due to them speaking out on particular corporate practices; and if he will make a statement on the matter. [45808/25]

Barry Ward (Dún Laoghaire, Fine Gael)
Link to this: Individually | In context

635. To ask the Minister for Public Expenditure and Reform his views on whether existing legislation related to the protection of corporate whistleblowers is sufficient; and if he will make a statement on the matter. [45809/25]

Jack Chambers (Dublin West, Fianna Fail)
Link to this: Individually | In context

I propose to take Questions Nos. 632, 633, 634 and 635 together.

Ireland’s whistleblower protection framework is governed by the Protected Disclosures Act 2014, which was significantly strengthened by the Protected Disclosures (Amendment) Act 2022. This legislation commenced operation on 1 January 2023 and gives effect to the EU Whistleblowing Directive (Directive (EU) 2019/1937).  This amended Act provides protection against penalisation for workers in both the public and private sector. 

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. It also expanded protections to a broader category of workers, including contractors, agency workers, volunteers, board members, shareholders, and job applicants.

Section 7 of the Act provides that workers are protected from retaliation by their employer if they report a concern about wrongdoing to a person prescribed by the Minister. The Act prohibits penalisation or threats of penalisation against any worker who makes a protected disclosure. Penalisation includes:

• Unfair dismissal
• Unfair treatment, such as suspension, demotion, loss of pay, change of working hours, reassignment, or disciplinary action
• Coercion, intimidation, and harassment

Workers who experience penalisation have access to statutory recourse through the Workplace Relations Commission (WRC), which can order restitution and award compensation of up to five years’ salary. Cases can be appealed to the Labour Court. Alternatively, workers may pursue claims through the courts, where no maximum compensation limit applies.

Workers are also protected from civil or criminal liability arising from their disclosure, and the Act imposes criminal penalties for penalising whistleblowers, disclosing their identity, or taking vexatious legal proceedings against them.

The Office of the Protected Disclosures Commissioner (OPDC), established in 2023, plays a key role in ensuring disclosures are directed to the appropriate prescribed persons. In 2024, the OPDC received 262 reports, with the vast majority transmitted to relevant authorities.

To support whistleblowers, my Department continues to fund Transparency International Ireland, which operates a free Speak Up Helpline and Legal Advice Centre. In 2025, funding of €368,500 has been allocated for this purpose, which is the same amount that was provided in 2024.

Furthermore, strong legislative frameworks must be matched by effective implementation. My Department issued revised Statutory Guidance for public bodies 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.

A statutory review of the operation of the Act is scheduled to commence in 2027, as required under Section 2 of the Amended Act. This review will include data collection and a public consultation, and all stakeholders are welcome to participate. This process will provide an opportunity to assess the effectiveness of the current framework and consider any necessary reforms to ensure that the robust protections offered to whistleblowers remain fit for purpose and responsive to evolving needs.