Questions

215. Deputy Ken O'Flynn asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation whether his Department's internal protected disclosures policy and procedures are published on its website; if not, the reason; whether the statutory guidance encourages public bodies to publish their internal procedures; and if he will make a statement on the matter. [75267/26]

216. Deputy Ken O'Flynn asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation the arrangements in place where a report made or transmitted to his Department under the Protected Disclosures Act 2014, as amended, concerns his Department's own functions under that Act, including the statutory guidance issued by him; whether a conflict of interest assessment is carried out on…

217. Deputy Ken O'Flynn asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation whether he will bring forward amendments to the Protected Disclosures Act 2014 to prohibit the transmission of a report, or of information capable of identifying the reporting person, to the organisation or persons the report concerns; and if he will make a statement on the matter. [75265/26]

427. Deputy Alan Kelly asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation when his Department last reviewed its policies, operations and handling of protected disclosures under all relevant protected disclosures legislation. [74432/26]

237. Deputy Ken O'Flynn asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation whether his Department has received representations since January 2025 regarding the meaning of "prima facie evidence" at initial assessment under the Protected Disclosures Act 2014; whether the Department intends to issue clarifying guidance to public bodies and prescribed persons ahead of the …

238. Deputy Ken O'Flynn asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation whether the Department collects data on the duration of initial assessments of protected disclosures by public bodies; the number of reports recorded as remaining at initial assessment at the end of each of the years 2023, 2024 and 2025, as reported under section 22 of the Protected Disclosures …

149. Deputy Sorca Clarke asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation the criteria applied by the Protected Disclosures Commissioner in determining that an “other suitable person” has the competence to provide feedback and follow-up for the purposes of section 10C of the Protected Disclosures Act 2014, as amended; and whether such competence is considered in resp…

150. Deputy Sorca Clarke asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation the guidance that applies where information available to the Protected Disclosures Commissioner raises a potential issue concerning the suitability, independence or impartiality of a proposed “other suitable person”; and whether consideration of such matters and the reasons for selecting that r…

151. Deputy Sorca Clarke asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation the guidance that applies to the maintenance of records recording the conclusion of procedures concerning protected disclosures; the date and basis upon which the relevant procedures were concluded and notification of the reporting person; and whether such records should be capable of establish…

152. Deputy Sorca Clarke asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation the procedures that apply where a protected disclosure contains several distinct alleged relevant wrongdoings which potentially fall within the functions or competence of different prescribed persons or other suitable persons; and whether individual matters contained in such a report may be tra…

153. Deputy Sorca Clarke asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation the guidance that applies to an “other suitable person” in carrying out an initial assessment pursuant to section 10E of the Protected Disclosures Act 2014, as amended; whether such an assessment should be recorded contemporaneously in writing; and whether the record should identify the informa…

154. Deputy Sorca Clarke asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation the evidence or records that should be established by a recipient before determining, for the purposes of the Protected Disclosures Act 2014, as amended, that the relevant procedures concerning an earlier report have been concluded. [69787/26]

155. Deputy Sorca Clarke asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation where a report containing multiple alleged relevant wrongdoings is being considered for closure on the basis that it concerns matters previously reported, if the recipient is expected to conduct and retain an issue-by-issue or allegation-by-allegation comparison between the earlier and subseque…

156. Deputy Sorca Clarke asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation the guidance or criteria that apply when determining, for the purposes of the Protected Disclosures Act 2014, as amended, whether a subsequent report contains meaningful new information compared with a previous report; and whether such a determination is required to be documented. [69784/26]

157. Deputy Sorca Clarke asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation the procedures that apply where the Protected Disclosures Commissioner does not accept the opinion of an “other suitable person” that a matter does not fall within that person's remit; the procedures thereafter that apply to the report; and the safeguards that apply to ensure appropriate and in…

158. Deputy Sorca Clarke asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation the number of times since the commencement of the relevant provisions of the Protected Disclosures (Amendment) Act 2022 that an “other suitable person” identified by the Protected Disclosures Commissioner has notified the Commissioner that the matter concerned does not fall within their remit; …

334. Deputy Ken O'Flynn asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation if he will review the adequacy of the safeguards under the Protected Disclosures Act 2014 against penalisation, and against the disclosure of a discloser's identity without consent, in view of concerns raised publicly in recent weeks; and if he will make a statement on the matter. [68089/26]

448. Deputy Claire Kerrane asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation if the Government has assessed the effectiveness of the current protected disclosures framework where a safeguarding or operational concern involves more than one public body, including Tusla, the HSE, and An Garda Síochána; and the mechanism that exists to ensure that a cross-agency disclosu…

887. Deputy Ken O'Flynn asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation if the provisions introduced by the Protected Disclosures (Amendment) Act 2022, which amended the Protected Disclosures Act 2014, can be applied or implemented retrospectively in respect of protected disclosures made before the commencement of the 2022 Act; and if he will make a statement on the…

254. Deputy Peadar Tóibín asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation the number of protected disclosures that have gone missing or have been compromised that have been submitted to his Department or State bodies that are responsible to his Department. [32293/26]

415. Deputy Ken O'Flynn asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation whether the reversal of the burden of proof provided for under the protected disclosures legislation applies only during formal adjudicative proceedings before bodies such as the Workplace Relations Commission and the courts, or whether it also applies during the administrative handling and inve…

416. Deputy Ken O'Flynn asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation whether any guidance has been issued to public bodies advising that the evidential presumption relating to retaliation under the protected disclosures legislation should be applied when assessing disclosures internally; and if no such guidance has issued, whether the Government has considered wh…

417. Deputy Ken O'Flynn asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation whether the Government has assessed whether administrative decisions taken without applying the evidential presumption provided for in the protected disclosures legislation may expose the State to avoidable litigation risk where those decisions are later challenged in proceedings before the Work…

418. Deputy Ken O'Flynn asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation if the Government has considered the interaction between the evidential presumption in whistleblower legislation and the Government’s State Litigation Principles, particularly the requirement that State bodies seek to avoid unnecessary litigation and protect public funds. [22390/26]

419. Deputy Ken O'Flynn asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation whether the Government has reviewed whether the current interpretation of the burden-of-proof provisions in Irish whistleblower legislation fully reflects the objectives of Directive (EU) 2019/1937, particularly in ensuring effective protection against retaliation. [22391/26]