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Deputy is aware, the Protected Disclosures Act 2014 is Ireland's national whistleblower protection law. Significant amendments to the Act were signed into law in July 2022. The amended Act gives effect to EU Directive 2019/1937 and provides for the establishment of the Office of the Protected Disclosures … take place during 2026. A number of stakeholders have been pointing to challenges arising from the implementation of the amended legislation, including the protected disclosure processes and procedures. The statutory review will be an opportunity to bring to light any issues arising by consulting a more complete range

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

have brought this up many times; it is frustrating. We have to wait for Europe to change the law on protected disclosures before we can change anything. In fairness, it was done by mutual consent in this Parliament. An office was set up. I met with … seriously. I ask the Minister of State to put herself in my position. I have gone through three taoisigh in the context of protected disclosures. I have tried to raise the matter. I spent 18 months working on protected disclosure legislation in order to strengthen it for whistleblowers

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

Deputy McEntee, will also need to outline to the House what she did. I am not talking about the details of the individual protected disclosures. I am interested in process and pathways. Brian O'Reilly sent the Minister his protected disclosure in September 2023 as it impugned … correct thing for him to do because it was about the Commissioner. The Minister sent it to the Office of the Protected Disclosures Commissioner later that month. That was also the correct thing to do. In October 2023, the OPDC sent its statutory direction that the Secretary General

holster worn by Detective Garda Colm Horkan when his firearm was taken and used to murder him and alleged interference with a protected disclosure file concerning a shotgun which disappeared from Garda custody and was returned to criminal hands. Most extraordinary, the people working in the Garda office … what they witnessed that they became whistleblowers themselves. Deputy McEntee was Minister for Justice while much of this was happening. A new Garda protected disclosure office became operational on 6 January 2025. The establishment of that office was public knowledge, but the public announcement said nothing about what

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

raise concerns about wrongdoing in the workplace. We have been on quite a significant legislative journey to try to get it right. The Protected Disclosures Act was enacted in 2014. It was enhanced and amended during the previous Dáil through the Protected Disclosures (Amendment) Act 2022. A statutory … review of the Protected Disclosures Act is built in. That is due to commence, I am told, in the near future. Under the law, it must be done by 2027. It must be done within five years. A public consultation will be held as part of that review

place better oversight mechanisms within the board of An Garda Síochána, making sure the audit committee had oversight of what happened on protected disclosures and introducing Fiosrú so that we would have better protection for those who brought forward protected disclosures. We also amended the 2014 legislation introduced … Deputy Kelly's former party leader. All of this was to make sure that, where people brought forward protected disclosures, procedures were adhered to and that those people were protected, encouraged to come forward and supported, where possible. I cannot be any clearer in saying that I have

Minister of State should reflect on, outside of the issue we are talking about. I also believe that, separately, all of the ongoing protected disclosures that have been made within An Garda Síochána for the last number of years need to be independently audited. No matter where this … also need a check on documentation to make sure it is preserved. Whatever happens, one thing that is central in relation to how protected disclosures are dealt with in An Garda Síochána needs to be dealt with. There is no possible way that future protected disclosures

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

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

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

raise a matter of grave concern regarding the practical effects of the Protected Disclosures Act 2014. While the Act was conceived with noble intent in the shadow of the experience of the Maurice McCabe case and his testimony, the reality for many whistleblowers across this nation is that … odds with the lived reality of the legislation. Recent findings of the commission of investigation into the Grace case underscore this point. Despite protected disclosures having been made, the system failed with harrowing consequences. The individuals who spoke out were not met with support but with institutional silence

which the Commissioner and senior gardaí must report. There is Fiosrú, which investigates allegations of Garda malpractice and is responsible for investigating protected disclosures that are made within An Garda Síochána. Then there is the internal Garda board. We have, therefore, put in place a very detailed architecture … Garda accountability, which is very effective and does work in respect of it. When it comes to protected disclosures, we have detailed legislation in place. In an organisation the size of An Garda Síochána, which has at present 14,700 sworn members and around 3,500 staff

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

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

After the controversy surrounding the treatment of Garda whistleblower Maurice McCabe a decade ago, a new Garda protected disclosures system was developed to protect whistleblowers and to ensure that where concerns are raised, they are followed up. An "RTÉ Investigates" programme from Rita O'Reilly, which will … difference in dates matters. We will hear more tonight, clearly, about how badly whistleblowers were treated and about the entire reconfiguration of the protected disclosures unit in response to the allegations made. We heard Dr. Corcoran say this morning that the Garda is now in a worse position

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

cases where the role of public authorities has already been investigated and reported upon by the commission. On the treatment of protected disclosures by whistleblowers, the commission’s statement on part X does not identify further information that would point to the merits of embarking on further investigation … into how the protected disclosures were treated or the treatment of those making protected disclosures. In that context and on the advice of the Attorney General, there is no basis for moving forward to a phase 2 of the commission of investigation. However, it is important to take

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

Minister for Transport whether the Irish Aviation Authority has submitted annual reports to his Department as required by Section 19 of the Protected Disclosures Act 2014 detailing the number of protected disclosures received and actions taken; whether those reports accurately reflect the outcome of each investigation, including

Deputy Ken O'Flynn asked the Minister for Justice, Home Affairs and Migration whether offences under section 14A of the Protected Disclosures Act 2014, as inserted by the Protected Disclosures (Amendment) Act 2022, are recorded under a distinct offence code within the Garda crime-recording system

Justice, Home Affairs and Migration the number of complaints or reports made to An Garda Síochána alleging offences under section 14A of the Protected Disclosures Act 2014, as inserted by the Protected Disclosures (Amendment) Act 2022, in each year since that provision commenced; and the number of investigations

Question No. 3723 of 7 September 2026, in which the HSE confirmed it does not centrally track the implementation of recommendations arising from protected disclosures, the number of recommendations arising from upheld or partially upheld protected disclosures between 2023 and the first quarter of 2025 that have been

Flynn asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation the number of times the Office of the Protected Disclosures Commissioner has exercised its powers under section 10 of the Protected Disclosures Act 2014 (as amended) since its establishment; and if those powers have

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

Deputy Alan Kelly asked the Minister for Justice the number of protected disclosures made internally in An Garda Síochána since the commencement of the Protected Disclosures Act 2014; and of that number, how many were upheld in favour of the confidential reporter in terms of the alleged wrongdoing

Digitalisation whether any assessment has been undertaken of the potential litigation risk arising from administrative decisions taken by public bodies in relation to protected disclosures where the evidential presumption provided for under Sections 12 and 13 of the Protected Disclosures Act 2014, as amended, is not applied

Deputy Cian O'Callaghan asked the Minister for Transport whether the Irish Aviation Authority, in its capacity as a prescribed person under the Protected Disclosures Act 2014, has in all cases appointed a designated person to independently receive and handle protected disclosures; acknowledged receipt of each disclosure within

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

Flynn asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation the procedures that exist within the Office of the Protected Disclosures Commissioner to reconsider or review a decision identifying the appropriate person or body to receive a protected disclosure where the originally identified body indicates

Cian O'Callaghan asked the Minister for Transport if his attention has been drawn to the formal determination of the Office of the Protected Disclosures Commissioner (details supplied); if he agrees that his Department is a competent authority to follow up on this protected disclosure under EU Regulation

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

Migration whether it is Departmental policy or practice that Ministers are not provided with the substance of correspondence that may constitute a protected disclosure; if so, the legal basis for such a policy; and whether, where correspondence is subsequently determined not to be a protected disclosure, the Minister

Deputy Ged Nash asked the Taoiseach the number of successful prosecutions secured under section 24 of the Protected Disclosures (Amendment), Act 2022 (the provisions of the Act that relate to making the penalisation of an individual who makes a protected disclosure a criminal offence); the number of cases

Deputy Gillian Toole asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation the reason the Office of the Protected Disclosures Commissioner applies S.I. No. 367/2020, Prescribed Persons for the bodies responsible for safeguarding and not S.I. No. 233/2025, aligning them with the primary Protected Disclosures

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

Deputy Gary Gannon asked the Minister for Justice, Home Affairs and Migration the number of reports received through the internal protected-disclosures channels of An Garda Síochána in each year from 2016 to 2025 and to date in 2026; the number in each year that were assessed … protected disclosures, referred for investigation, substantiated in whole or in part, not substantiated, discontinued or awaiting determination; the median time from receipt to final determination; and if he will provide the information, in tabular form. [66370/26

Deputy Ken O'Flynn asked the Minister for Justice, Home Affairs and Migration the arrangements currently in place to ensure that protected disclosures made to him under section 8 can be read, assessed and followed up where the OPDC is unable to access its systems … made to him but cannot be read by him and may not be accessible to the OPDC complies with the requirements of the Protected Disclosures Act 2014 and Directive (EU) 2019/1937. [7790/26

Deputy David Cullinane asked the Minister for Health the date on which a protected disclosure was received by Children’s Health Ireland (CHI) regarding pelvic osteotomies conducted on children for development dysplasia of the hip; the actions taken on receiving the protected disclosure and the people and organisations

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

Flynn asked the Minister for Climate, Energy and the Environment the oversight role of his Department in respect of the operation of the protected disclosures process within Inland Fisheries Ireland; whether his Department has received any report or correspondence concerning the integrity or governance of that process; whether … satisfied that the process operates in accordance with the Protected Disclosures Act 2014; and if he will make a statement on the matter. [59763/26

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

Morris Tribunal, the O'Higgins Commission of Investigation, the Disclosures Tribunal and the 2016 report of the Policing Authority on the Garda protected-disclosures policy; if he will publish that register, specifying the implementation status of each recommendation; and the body responsible. [66384/26

mechanism to receive or assess systemic or organisational ethical breaches affecting professional practice; whether she considers reliance on internal organisational processes and protected disclosures sufficient to meet the State’s public-protection obligations; and if not, when she intends to bring forward proposals to address the regulatory