thank the Deputy for his question. I, as Minister for Justice, Home Affairs and Migration, take extremely seriously any protected disclosures that are made to the justice sector. The Deputy’s question concerns members of An Garda Síochána and Garda staff. It is important to point out that … Garda Síochána or a member of Garda staff has a number of options if he or she wants to make a protected disclosure. In the first instance, he or she can go to the internal protected disclosure unit within An Garda Síochána, which was enhanced in January
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In debates
what I can or cannot say because I stand by my original remarks that I have adhered to the legislation, including the protected disclosures legislation, and that I have at all times responded to any protected disclosure that was provided to me as Minister for Justice, or indeed … stage, with the focus of making sure that any person who makes a protected disclosure is protected but also that the integrity is upheld.
I am not going to discuss any details but I am going to outline one or two key points that I think are important
emerged that a whistleblower made a very serious protected disclosure to the Minister for justice in September 2023. It alleged that the gun holsters being used by An Garda Síochána were faulty and dangerous. The whistleblower said that the warnings about the unregulated gun holsters had been ignored … taking place. As this disclosure directly implicated the Garda Commissioner, it was legally routed to the Department of justice. The Office of the Protected Disclosures Commissioner ruled that the Department of justice was the appropriate body to investigate the disclosure. However, the then Minister for Justice, Deputy Helen
protected disclosures regime was put in place to ensure we would not have a recurrence of previous scandals within An Garda Síochána. We are aware that protected disclosures have been made regarding the mishandling of weapons, the misuse of State funds and defective Garda holsters. These are very … penalised for doing so. Questions arise in respect of how the Minister's Department and, in particular, a predecessor of his handled a protected disclosure that came before her in one instance. My supplementary question is very simple: would that happen again? Is that the route that
investigation of complaints surrounding wrongdoing in the workplace of State agencies. This resulted in the passage and signing into law of the Protected Disclosures Act 2014. The Act puts in place measures to support and protect people with concerns about actions or omissions in their workplace who wish … that because whistleblowing plays an important role in our democracy and in democracy more broadly.
A review of the operation of the Protected Disclosures Act is due to take place in the coming year. This will begin with a public consultation in which I would encourage all stakeholders
protected disclosure is made to the Department or to me as Minister for justice, I will do what then Minister for Justice, Deputy McEntee, did in the first instance, which is refer it promptly to the Office of the Protected Disclosures Commissioner. That is the important thing … Minister to determine the process of investigation or how a disclosure should be investigated. It is important that protected disclosures get to the statutory entity that will look at who should investigate it.
There can be situations where there is communication between the OPDC and a Minister
making without any basis, without any fact, simply because he can. I am clarifying and have made very clear that, with every single protected disclosure that I have received, I have adhered to the legislation. I have responded to advice provided to me and, at all times … should, I have acted and we have acted to make sure the person making the protected disclosure is protected, that the integrity of the process is protected and that those who are subject to it are protected, but also that, where we need to make changes, that
Deputy is going from the general to the specific. I am cautious about speaking specifically about individual protected disclosures but, obviously, I have examined the files on what happened prior to my arrival in the Department. My view is that my predecessor, Deputy McEntee, behaved in an entirely … issues to which the Deputy is referring. As he will be aware, on 27 February 2025 I referred issues highlighted in the protected disclosure under section 102(5) of the Garda Síochána Act to Fiosrú. I referred them for the purpose of having them investigated
first question relates to the protected disclosures regime within An Garda Síochána and what have been fairly serious and damaging allegations made publicly, including in an "RTÉ Investigates" programme. Has the Minister carried out any assessment of whether the protected disclosures system is functioning? Could he outline
Detective Superintendent Brian O'Reilly made a protected disclosure criticising the Garda Commissioner. The Minister sent it back to that same Commissioner and Mr. O'Reilly’s identity with it. Is the Minister aware that breaching the confidentiality of a whistleblower's identity is a criminal offence under … section 14A of the Protected Disclosures Act and carries with it a two-year prison sentence?
As to the cover-up, and as the Government knows from the correspondence regarding Mr. Barrett, the disciplinary complaint made against Mr. Barrett never existed in the first place. Let that sink
important for public confidence. It is also important for gardaí, either now or in the future, who might be inclined to make a protected disclosure. I am not asking the Minister to make a judgment call on anything that was done previously. That will happen in time. What … asking today is this: if a member of the Garda takes it upon himself or herself to make a protected disclosure to the Minister's Department, is there a likelihood, as has happened in the past, that it will be referred to An Garda Síochána in a manner
want to speak about the record of the Government. The Minister, Deputy McEntee, is accused of breaking the law and damaging the protected disclosures system within the Garda. I put the Government on warning that if she does not answer the questions properly on this matter, Aontú will
Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration the number of protected disclosures made by members and staff of An Garda Síochána, either directly to his Department or through internal Garda channels, and to Fiosrú, in each of the past five years
person making the protected disclosure, who needs to engage with the investigator for the investigation to be concluded
case. You either accept that in this country we have criminal courts, civil courts, the WRC, the Office of the Protected Disclosures Commissioner and Fiosrú, the Office of the Police Ombudsman, and that they are carrying out investigations
would be delighted to conclude. If the Deputy wants to introduce amendments to change the laws in this country in relation to the Protected Disclosures Act 2014, he should please do so. In the absence of that, the Government is committed to reviewing the full legislation and making
There is no accountability whatsoever. The public needs full disclosure at all times in respect of safety.
Deputy Carroll MacNeill is the Minister for Health. We have not heard a peep from the HSE or the Environmental Protection Agency, EPA. They are all the time telling us that
In parliamentary questions
Alan Kelly
Written
Deputy Alan Kelly asked the Minister for Foreign Affairs and Trade when her Department last reviewed its policies, operations and handling of protected disclosures under all relevant protected disclosures legislation. [74427/26
Alan Kelly
Written
Deputy Alan Kelly asked the Minister for Transport when his Department last reviewed its policies, operations and handling of protected disclosures under all relevant protected disclosures legislation. [74430/26
Alan Kelly
Written
Deputy Alan Kelly asked the Tánaiste and Minister for Finance when his Department last reviewed its policies, operations and handling of protected disclosures under all relevant protected disclosures legislation. [74431/26
Alan Kelly
Written
Deputy Alan Kelly asked the Taoiseach when his Department last reviewed its policies, operations and handling of protected disclosures under all relevant protected disclosures legislation. [74444/26
Alan Kelly
Written
Deputy Alan Kelly asked the Minister for Climate, Energy and the Environment when his Department last reviewed its policies, operations and handling of protected disclosures under all relevant protected disclosures legislation. [74428/26
Alan Kelly
Written
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
Alan Kelly
Written
Deputy Alan Kelly asked the Minister for Enterprise, Tourism and Employment when his Department last reviewed its policies, operations and handling of protected disclosures under all relevant protected disclosures legislation. [74433/26
Alan Kelly
Written
Deputy Alan Kelly asked the Minister for Education and Youth when her Department last reviewed its policies, operations and handling of protected disclosures under all relevant protected disclosures legislation. [74434/26
Alan Kelly
Written
Deputy Alan Kelly asked the Minister for Culture, Communications and Sport when his Department last reviewed its policies, operations and handling of protected disclosures under all relevant protected disclosures legislation. [74435/26
Alan Kelly
Written
Deputy Alan Kelly asked the Minister for Housing, Local Government and Heritage when his Department last reviewed its policies, operations and handling of protected disclosures under all relevant protected disclosures legislation. [74436/26
Alan Kelly
Written
Deputy Alan Kelly asked the Minister for Health when her Department last reviewed its policies, operations and handling of protected disclosures under all relevant protected disclosures legislation. [74441/26
Alan Kelly
Written
Deputy Alan Kelly asked the Minister for Social Protection when his Department last reviewed its policies, operations and handling of protected disclosures under all relevant protected disclosures legislation. [74437/26
Alan Kelly
Written
Deputy Alan Kelly asked the Minister for Justice, Home Affairs and Migration when his Department last reviewed its policies, operations and handling of protected disclosures under all relevant protected disclosures legislation. [74438/26
Alan Kelly
Written
Deputy Alan Kelly asked the Minister for Agriculture, Food and the Marine when his Department last reviewed its policies, operations and handling of protected disclosures under all relevant protected disclosures legislation. [74439/26
Alan Kelly
Written
Deputy Alan Kelly asked the Minister for Children, Disability and Equality when her Department last reviewed its policies, operations and handling of protected disclosures under all relevant protected disclosures legislation. [74440/26
Alan Kelly
Written
Deputy Alan Kelly asked the Minister for Defence when her Department last reviewed its policies, operations and handling of protected disclosures under all relevant protected disclosures legislation. [74429/26
Alan Kelly
Written
asked the Minister for Further and Higher Education, Research, Innovation and Science when his Department last reviewed its policies, operations and handling of protected disclosures under all relevant protected disclosures legislation. [74442/26
Alan Kelly
Written
Kelly asked the Minister for Rural and Community Development and the Gaeltacht when his Department last reviewed its policies, operations and handling of protected disclosures under all relevant protected disclosures legislation. [74443/26
Sorca Clarke
Written
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
Ken O'Flynn
Written
Flynn asked the Minister for Justice, Home Affairs and Migration the average time taken by An Garda Síochána to close a protected disclosure in each of the years 2021 to 2025 and to date in 2026; the number of protected disclosures closed in each of those years
Ken O'Flynn
Written
Affairs and Migration the number of reports received by him and the Minister of State at his Department under section 8 of the Protected Disclosures Act 2014 in each of the years 2023 to 2025 and to date in 2026; the number transmitted to the Protected Disclosures Commissioner
Sorca Clarke
Written
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
Ken O'Flynn
Written
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 … reported under section 22 of the Protected Disclosures Act 2014; whether the Department considers a time limit for initial assessment necessary; and if he will make a statement on the matter. [72319/26
Ken O'Flynn
Written
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 … receipt of such a report; whether such reports may be referred to another suitable person or to the Office of the Protected Disclosures Commissioner; and if he will make a statement on the matter. [75266/26
Ken O'Flynn
Written
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
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