move amendment No. 1:
To delete all the words after "Dáil Éireann" and substitute the following:
"notes that:
— the Protected Disclosures Act 2014, protects workers from penalisation for speaking up about wrongdoing in the workplace; and
— persons who make protected disclosures or 'whistleblowers' should not be treated unfairly … lose their job or face legal proceedings because they have made a protected disclosure;
recognises that:
— the enacted Protected Disclosures Act 2014, was further enhanced by the Protected Disclosures (Amendment) Act 2022;
— the amended Act gives effect to the European Union (EU) Directive 2019/1937 ('the Whistleblowing Directive'), which
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25+ in debates · 4 in questions
In debates
thank all Members for the informative and constructive debate on protected disclosures legislation. I welcome and thank the whistleblowers in the Public Gallery for their great work and service.
I also thank the members of the Independent Technical Group for the proposals they have put forward for this … within three months, extendable only in exceptional cases.
Our framework also includes strong enforcement provisions. For example, under section 14A of the Protected Disclosures Act obstruction or bad-faith conduct attract criminal sanctions, including fines of up to €250,000 and imprisonment for up to two years. Introducing
sure to where this has developed, but it gives an indication of the despair and the consequences for those who make protected disclosures. It is a case I raised and about which I submitted parliamentary questions. This is an email to me after we followed up an issue … vulnerable children possible. She alleged very serious allegations against the CEO and staff of that residential institution with vulnerable children. She made a protected disclosure and was concerned that the person in Tusla who was looking at the protected disclosure was also somebody who was in regular contact
proud of the small role I played, more than ten years ago, in helping to develop what was then pioneering legislation, namely, the Protected Disclosures Act 2014, with my colleague, former Deputy Brendan Howlin.
I come from a political tradition of reformers, from a movement that believes … aware of all of this. It talks about "a culture of encouraging workers to speak out if they have genuine concerns".
The protected disclosures legislation that was enacted in 2014 and has since been revised and amended, and then updated as per the EU directive
mitigate the negative consequences, but they do help.
The Taoiseach's comments on 12 November on the role of Ministers in terms of protected disclosures made to Ministers were misinformed and very worrying. I call on the Minister to clarify those comments. If we have misinformed commentary … free legal aid is a major flaw. It should be brought in straight away.
The cap on compensation for whistleblowers under the protected disclosures Act should be removed. Awards should be made only on the principle of what is just and equitable. That cap particularly discriminates against
them then is not really what they expect, in some cases. They go to do the right thing, they make a protected disclosure and then, in many cases, they face very serious consequences for their whole life. They face very serious harassment and we have correctly heard … about Noel McGree, who was evicted, with his family, into homelessness which flowed from protected disclosures about the Irish Prison Service, for which he was vindicated.
Steadfastly, these people do the right thing. Many times, we see on "Prime Time" or whatever some major scandal that breaks
competent authorities; and
— whistleblowers are protected from retaliation;
This is in the Government amendment and it is absolute verbal diarrhoea.
I have brought protected disclosures to two Taoisigh and four Ministers over the past three or four years. A man is now deceased because he was killed … Stryker in Carrigtwohill two years ago. The protected disclosure is still ongoing. A good friend of mine came to me last Friday regarding an issue that had been going on for seven years involving Scouting Ireland and the abuse of children by a now deceased schoolteacher and scout
move:
That Dáil Éireann:
acknowledges that:
— the Protected Disclosures Act 2014, as amended, was enacted to give effect to the European Union's Whistleblowing Directive and to protect persons who, in good faith, report wrongdoing in the public interest;
— despite these statutory protections, numerous whistleblowers have faced retaliation … Charter of Fundamental Rights of the European Union to ensure good administration; and
— effective legislation must therefore, guarantee:
— swift and independent investigation of disclosures;
— protection against penalisation and coercive NDAs;
— access to legal aid, counselling, and support;
— enforceable sanctions for officials who obstruct investigations; and
— full compensation
this but it was not accepted.
What we needed from the Government was to empower Ministers to gather all documents relevant to a protected disclosure made to them regarding their Departments or bodies under their authority and to pass this information on to the Attorney General in connection … proceedings on behalf of the State. In July of this year, I said that when the Government was transposing the EU directive on protected disclosures, I was clear at the time, and I voiced significant concerns, that it was perhaps deliberately going to weaken the transposition. I said
that tells every ordinary person in the State not to speak up or they will pay the price.
I want to speak about protected disclosures in An Garda Síochána. I commend the members of An Garda Síochána who serve the force and this country with dignity and dedication … constituent reported domestic violence by a serving member of An Garda Síochána and a criminal investigation began. Separately, this constituent made a protected disclosure to Fiosrú detailing interference, protection and cover-up by some colleagues in An Garda Síochána. This disclosure also highlighted systemic issues around the ability
years by silence made possible by the State that looked after itself before justice. The Defence Forces Justice Alliance submitted more than 50 protected disclosures. These disclosures included reports of bullying, harassment, abuse, sexual assault and institutional wrongdoing. Many of these disclosures related to the Minister and senior … officials within the Department. The protected disclosures were sent to the very Department and the very senior figures implicated in the allegations. The playbook is at hand here again and the inquiry was closed at a preliminary stage.
We know the wrongdoing did not stop. It continued. People
shared that with the family. It is a draft because the HSE wanted the family's input into that. I dealt with the protected disclosure earlier on Leaders' Questions. The Minister did not see that. All protected disclosures do not go to the Ministers per se. The Minister … obligation to establish a system by which it goes to the protected disclosure commissioner. That commissioner has the specific protected disclosure and is now going to deal with that. Without question, there is a meeting on between the Minister, the Tánaiste and the parents of Harvey, with
most important issue to all of us.
At the outset, it is important that I clarify a technical piece in relation to protected disclosures and how they work. I am conscious that it was the subject of debate among the leaders last week, which I totally understand … important that the House has clarity on it. The Protected Disclosures Act was agreed by this House without a vote. Everybody supports the idea of it and the purpose of it is to protect whistleblowers. It creates an obligation on the Minister to establish a channel on their
important and they deserve the protection of the State.
On the Deputy's contention that a Minister should have the opportunity to read protected disclosures, while I understand the intention, it is flawed. The political process needs to be separate from that. There is a clear process … relation to that. Every Minister gets a general report on protected disclosures, which is important too. There has to be an independent verifiable process for whistleblowers to be able to have the allegations or matters they have raised assessed in an independent way, separate from the line Minister
November, the Taoiseach told this House that legal advice states a Minister cannot read protected disclosures. That claim has caused real alarm throughout the country because if a Minister cannot read protected disclosures, the Minister cannot verify whether the Minister is being misled. It is an extraordinary position … system is obstructed. On page 10 of a report from January 2022, the committee states that the terms of reference for the protected disclosure investigation were drawn too narrowly and that suspected criminal activity could not even be referred to An Garda Síochána. That is not a flaw
malpractice within An Garda Síochána, and the treatment he faced as a result. It led to the disclosures tribunal. On the recent protected disclosures Deputy Toole mentioned, I also raised these here in this House, including one from a healthcare professional. It raised deeply serious concerns about systemic … undermined public trust and violated legal and ethical obligations. The Department of Health, the Minister and the regulatory bodies continue to ignore these protected disclosures.
This motion calls for what is currently needed: swift independent investigation into disclosures, and we are going to have to go outside
right or proper, in my view, that any other construction should be put on it. As we now know, any protected disclosure is investigated by an independent person, not by the Minister or anyone else. The allegations, as the Deputy outlined, are very serious and warrant investigation. That … currently under way in the manner set out in law by the protected disclosure process. There is clear legislation outlining how protected disclosures are dealt with now. I accept and understand fully the serious distress to the family who have been wanting to know for some time
truth tellers in our society. They expose the wrongdoing, protect public funds and uphold integrity in our institutions, yet despite the Protected Disclosures Act and its alignment with the EU whistleblower directive, too many brave individuals have paid a heavy price for doing the right thing. Careers have … this is no acceptable.
The scale of whistleblowing in Ireland today shows why this motion matters. In 2023 alone, there were 1,162 protected disclosures made to public bodies. Some 734 of those reports required follow-up and 161 cases were sent for further proceedings.
One single disclosure
would move the onus from the employee to the employer in cases where the employee alleges penalisation as a result of making a protected disclosure. It will also make it an offence to attempt to hinder or penalise people who make a protected disclosure. This is crucial … long past time that smears ended.
The Taoiseach does not believe he or his Ministers should be across a protected disclosure made regarding their Departments. In some instances, potentially
would ask the Minister for Health, yet no question has been answered.
We saw in The Sunday Times this weekend that a protected disclosure was submitted to the Department of Health. The information in this protected disclosure is catastrophic. The implication is that someone, or a group, took … Harvey was taken off the waiting list and he still did not get an answer and, at the same time, a protected disclosure was given to the Department of Health with the answer. That is an incredible thing.
Does the Government understand the import of what has just
commissioner for protected disclosures, who is responsible, acknowledged receipt on 2 September. Once transmitted, the commissioner independently determines the appropriate prescribed person or public body to follow up on the disclosure. The HSE has issued a statement, as the Deputy is aware. Ministers are required to establish dedicated … channels to receive protected disclosures and to publish information on how to access and use the reporting channel. A secure dedicated mailbox was set up to receive protected disclosures via the ministerial channels
those who simply cannot speak up, the people who have been beaten by the system and battered by the State, for whom a protected disclosure represented, in some instances, the end of their lives and certainly the end of any mental peace they had.
The Minister of State … Deputy Michael Healy-Rae, rambled in and said:
The Protected Disclosures Act 2014 is Ireland's national whistleblower protection law. This legislation was designed to protect workers from penalisation for speaking up about wrongdoing in the workplace.
He did not stay for the whole debate, but I hope
often, they pay a price for their transparency and honesty.
The proposals before us are about changing that, going beyond the Protected Disclosures Act 2014 and ensuring any legislation has teeth. They are about making sure whistleblowers are protected, supported and respected within every sector. My colleagues' first … that every public body must investigate whistleblower reports quickly and fairly - no delays, no excuses. If they fail, a new Office of the Protected Disclosures Commissioner would have the power to sanction them. That is how we make sure disclosures are not ignored. It is not rocket science
guardians, "If you tell the truth, you will not get into trouble" and now we are here in the Chamber, dealing with the Protected Disclosure Act 2014, as amended in 2022 on foot of EU Directive No. 2019/1937.
I most recently brought two constituent and professional colleague protected
questions to the Minister again because he has not answered them. Is the Government satisfied that the legal advice given to Ministers on protected disclosures is accurate, lawful and compliant with both the EU Act and the Act in the Republic? Does the Minister stand over the statement … made by the Taoiseach on 12 November in this House on receiving protected disclosures under section 8, that Ministers cannot even read them? Will the Government commission an independent review of legal advice provided to Ministers in cases involving corruption, criminal conduct and the misuse of public funds
In parliamentary questions
Gillian Toole
Written
Deputy Gillian Toole asked the Tánaiste and Minister for Defence the status of the examination of a protected disclosure (details supplied) circulated to senior Cabinet members in July 2025 and asked as a Leader’s Questions on 22 October 2025; and if correspondences will be issued
Gillian Toole
Written
Deputy Gillian Toole asked the Minister for Justice, Home Affairs and Migration the status of the examination of a protected disclosure (details supplied) circulated to senior Cabinet members in July 2025 and asked as a Leader’s Questions on 22 October 2025; and if correspondences will be issued
Gillian Toole
Written
Deputy Gillian Toole asked the Minister for Health the status of the examination of a protected disclosure (details supplied) circulated to senior Cabinet members in July 2025 and asked as a Leader’s Questions on 22 October 2025; and if correspondences will be issued; and if she will
Ken O'Flynn
Written
legal services and related professional advice since November 2023, including payments for legal representation of individual executives or board members, fees associated with protected disclosures, costs relating to non-disclosure agreements, settlements, or independent legal advice to employees or directors; the number of law firms or barristers engaged
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