Dáil Éireann Debate, Tuesday - 29 September 2026
546. 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 Disclosures Act 2014. [68153/26]
Amharc ar fhreagra547. Deputy Gary Gannon asked the 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 of the 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]
Amharc ar fhreagraI propose to take Questions Nos. 546 and 547 together.
My Department complies with the provisions of the Protected Disclosures Act and the Statutory Guidance for public bodies in its management of protected disclosures.
Members of the Oireachtas made a decision in 2014 to depoliticise and remove politicians from the investigation of complaints surrounding wrongdoing in the workplace of state agencies. That resulted in the passing of the Protected Disclosures Act 2014. The Act was put in place to support and protect people with concerns about actions or omissions in their workplace to speak up, confidentially and safely.
In enacting the Protected Disclosures (Amendment) Act 2022, the Oireachtas made amendments to a number of areas of the 2014 Act, including removing Ministers from the follow-up and investigation of protected disclosures. The 2022 Act also created the Office of the Protected Disclosures Commissioner.
Section 8(3) of the Act, as amended, requires Ministers to transmit reports of wrongdoing to the Protected Disclosures Commissioner, without having considered the report, the information, or any allegation.
Under the Act, the role of the Protected Disclosures Commissioner is to send reports of wrongdoing to the appropriate organisation for assessment and follow-up in accordance with the Act.
I am satisfied that there are robust structures, policies and procedures in place across the criminal justice sector to ensure the effective management of protected disclosures, to provide support to people who make disclosures under the Act, and to ensure the effective overall governance and effectiveness of our sector and our essential services.
A review of the operation of the Protected Disclosures Act is due to take place in the coming year. I understand this will be progressed under the auspices of the Department of Public Expenditure, Infrastructure, Public Service Reform and Digitalisation (DPEIPSRD), which has overall policy responsibility for protected disclosures legislation, and will include a public consultation, which all stakeholders are encouraged to participate in.
