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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

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

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

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

procedures in place across the criminal justice system - indeed, across the entire governmental system. That is to ensure the effective management of protected disclosures and to provide support to people making disclosures under the Protected Disclosures Act 2014, which was amended in 2022. Those Acts were part … Síochána to An Garda Síochána or to Fiosrú, and An Garda Síochána and Fiosrú are operationally independent and both bodies have their own protected disclosures mechanisms in place. The Deputy's questions at the end were fairly loaded as if she was suggesting someone politically might have ordered

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

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

MacNeill. As the Deputy will be aware, the Department of Public Expenditure, Infrastructure, Public Service Reform and Digitisation is the lead-Department on protected disclosure legislation and provides guidance on all protected disclosure processes and guidance. Section 21(1) of the Protected Disclosures Act in Ireland empowers … assist them in fulfilling their responsibilities under the Act. This guidance aims to help public bodies establish and maintain effective procedures for handling protected disclosures. The Minister may also issue guidance on the information that must be published setting out how disclosures may be made to Ministers

that instead of being protected, whistleblowers are targeted, penalised and vilified by those at the very top for making disclosures of wrongdoing. Protected disclosures made by these whistleblowers include the dangerous storage, movement and handling of firearms, defective ammunition and the issuing of defective holsters - all of which … speaking out are senior members of An Garda Síochána. They include Dr. Donal Corcoran, the person who was in charge of the Garda protected disclosures office; Ms Rose Sweeney, a case manager; and Detective Superintendent Brian O’Reilly, head of the Garda Technical Bureau. What is absolutely astonishing

wish to highlight the vital importance of whistleblowers in our health system, and call for immediate Government action in light of alarming protected disclosures that have been made by a qualified healthcare professional and pharmaceutical researcher regarding health policy, regulatory failures, and Covid-era interventions. This disclosure, made … accordance with the Protected Disclosures Act 2014, raises profoundly serious concerns, which if true, that strike at the heart of patient safety, medical ethics, and public accountability. The issues raised involve alleged misuse of end-of-life protocols, failures in vaccine safety oversight, and potentially criminal levels

There is a growing call for a public inquiry into the handling of protected disclosures in An Garda Síochána and I support that. However, I believe it must go much further. The concerns around protected disclosures seem to extend to the public service, An Garda Síochána, the Prison … services and beyond. I raised this matter previously in the Dáil, and my party raised it in a Private Members' Bill, to strengthen protected disclosure protections for whistleblowers, which was rejected by the Government. The Minister will be aware, as it was mentioned on the floor

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

workplace. The Department provides the necessary supports for any staff member who raises any possible wrongdoings. A staff member who makes a protected disclosure under the Protected Disclosures Act is protected from penalisation or threatened penalisation. The Department has established procedures for the making of protected disclosures … details of how to make these reports through the appropriate channels are published on the Department's website. In accordance with the Protected Disclosures (Amendment) Act 2022, all reports received via these channels are forwarded to the Office of Protected Disclosures Commissioner. The commissioner ensures that the report

health and safety motion. That was ignored. Around 2021, I was involved with Deputy Mairéad Farrell and former Minister, Michael McGrath, on the Protected Disclosures (Amendment) Act 2022 because I had possession of a protected disclosure on the failings of all the health and safety in this … continuously. Multinationals are coming into this country and they can rickshaw over Government policy. They will not recognise unions. Unfortunately, between working on protected disclosures - in protected disclosure law the most important one is the reversal of burden of proof for whistleblowers today who have more powers

First of all, Ireland's whistleblower protection framework is governed by the Protected Disclosures Act 2014. There are set frameworks - legal and so on - in terms of governing the handling and management of protected disclosures. That Act was significantly strengthened by the Protected Disclosures (Amendment) Act 2022. This … dismissal and so forth. Workers who experience penalisation have access to the Workplace Relations Commission, WRC, and so forth. The Office of the Protected Disclosures Commissioner, OPDC, was established in 2023. It plays a key role in ensuring disclosures are directed to the appropriate prescribed persons. This

thank Deputy O'Flynn. I take with great seriousness the issues he has identified on the experience of individuals relating to the protected disclosures regime. As he knows, we have various legislation from 2014 up to 2022 reflecting the updated reforms introduced, some of which were introduced … practice. Under the current regime a review is built in under the 2022 Act, which is due in 2027. We also have the Protected Disclosures Commissioner, who independently has a statutory function in the context of protected disclosures. Support from my Department is given to Transparency International Ireland

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

they were devastated. It has taken a real toll on all of them and on their lives. Two of them worked in the protected disclosures office itself, the very system established after the Maurice McCabe scandal to protect people who speak out. Last night, they described a system … from Garda custody and 13 years later turning up in the hands of criminals. We heard much more. We heard about the confidential protected disclosure file concerning that weapon that was marked for closure without the knowledge or consent of the person responsible for managing the case. This

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

When the Government was transposing the EU directive on protected disclosures, I was clear at the time and I voiced significant concerns. I felt it was perhaps deliberately going to weaken the transposition. I said I felt the setting up of the protected disclosures office was a retrograde … step and that it removed a protected disclosure as a political issue. Previously, an Opposition TD could deliver a protected disclosure to the relevant Minister and then seek to know what progress had been made. Now, the Minister will simply say that has been handed to the protected

dodged questions from other people in the Opposition previously in the Dáil. The first question I asked had nothing to do with the protected disclosure. Why will the Minister not tell the public? Let me read it again. When was the Minister first made aware there … been alleged the issue with the holsters resulted in the death of a garda. That has nothing to do with the protected disclosure. It is about the Minister being upfront, honest and transparent about when she, as Minister for Justice, was made aware of it. Second, when

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

Deputy Rose Conway-Walsh asked the Minister for Justice, Home Affairs and Migration the total number of submissions received by the Garda Protected Disclosures Unit since it was established; the total number of submissions that were assessed as protected disclosures; the total number of protected disclosures that were … upheld; and the total number of upheld protected disclosures that lead to recommendations being issued. [68180/26

Minister for Justice, Home Affairs and Migration the procedures in place prior to 1 January 2023 for the assessment and follow-up of protected disclosures made directly to the Minister under section 8 of the Protected Disclosures Act 2014; the procedures currently in place following commencement … Protected Disclosures (Amendment) Act 2022; and the extent to which information arising from protected disclosures continues to inform the Department's exercise of governance and oversight functions in respect of bodies under the Minister's aegis. [68141/26

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

Deputy Gary Gannon asked the Minister for Justice, Home Affairs and Migration whether any arrangements exist between the Department and the Protected Disclosures Commissioner whereby information concerning systemic governance failures identified through protected disclosures may be notified to the Department while preserving the confidentiality requirements of the Protected

Flynn asked the Minister for Health in cases in which correspondence addressed to the Minister is considered capable of constituting a protected disclosure, but the Department states that the material was not viewed prior to its transmission to the Office of the Protected Disclosures Commissioner, the person … body responsible for determining that the correspondence should be treated as a potential protected disclosure and transmitted accordingly; the procedures which govern that assessment; and if she will make a statement on the matter. [53827/26

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Flynn asked the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation whether the statutory functions of the Office of the Protected Disclosures Commissioner under the Protected Disclosures Act 2014 (as amended) are considered to be fully discharged once a disclosure has been transmitted to a prescribed

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 … mechanism that exists to ensure that a cross-agency disclosure routed through the Office of the Protected Disclosures Commissioner is investigated as a cohesive, systemic issue rather than being fractured and returned to individual single-agency prescribed persons. [65253/26