Further Education and Training Act 2013

34.

Protection of persons who report certain matters.

34.— (1) Where a person communicates his opinion, whether in writing or otherwise, to a member of the Garda Síochána, the Minister or a member of An tSeirbhís that—

( a) an offence under this Act has been or is being committed or any provision of this Act has been or is being contravened,

( b) an offence under any other enactment has been or is being committed, or any other enactment or rule of law has been or is being contravened, in relation to An tSeirbhís,

( c) there has been other serious wrongdoing in relation to An tSeirbhís,

then, unless the person acts in bad faith, he or she shall not be regarded as having committed any breach of duty towards any other person, and no person shall have a cause of action against the first-mentioned person in respect of that communication.

(2) Where a person communicates his opinion, whether in writing or otherwise, to the Minister that a direction given by the Minister under this Act has been or is being contravened then, unless the person acts in bad faith, he or she shall not be regarded as having committed any breach of duty towards any other person, and no person shall have a cause of action against the first-mentioned person in respect of that communication.

(3) This section applies to a communication—

( a) that would, but for this section, constitute a breach of duty by the person who made it, or

( b) in respect of which, another person would, but for this section, have a cause of action against the person who made it.

F1 [ (4) This section does not apply to a communication that is a protected disclosure within the meaning of the Protected Disclosures Act 2014. ]

Annotations:

Amendments:

F1

Inserted (15.07.2014) by Protected Disclosures Act 2014 (14/2014), s. 24(1) and sch. 3 part 1 item 16, S.I. No. 327 of 2014.