Protected Disclosures Act 2014


Number 14 of 2014


PROTECTED DISCLOSURES ACT 2014

REVISED

Updated to 9 June 2018


This Revised Act is an administrative consolidation of Protected Disclosures Act 2014 . It is prepared by the Law Reform Commission in accordance with its function under Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Criminal Justice (Corruption Offences) Act 2018 (9/2018), enacted 5 June 2018, and all statutory instruments up to and including European Union (Protection of Trade Secrets) Regulations 2018 (S.I. No. 188 of 2018), made 8 June 2018, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 14 of 2014


PROTECTED DISCLOSURES ACT 2014

REVISED

Updated to 9 June 2018


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1985, may be found may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Industrial Relations (Amendment) Act 2015 (27/2015)

Workplace Relations Act 2015 (16/2015)

All Acts up to and including Criminal Justice (Corruption Offences) Act 2018 (9/2018), enacted 5 June 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

European Union (Protection of Trade Secrets) Regulations 2018 (S.I. No. 188 of 2018)

Protected Disclosures Act 2014 (Disclosure to Prescribed Persons) Order 2016 (S.I. No. 490 of 2016)

Industrial Relations Act 1990 (Code of Practice on Protected Disclosures Act 2014) (Declaration) Order 2015 (S.I. No. 464 of 2015)

Protected Disclosures Act 2014 (Disclosure to Prescribed Persons) Order 2015 (S.I. No. 448 of 2015)

Protected Disclosures Act 2014 (Section 7(2)) Order 2014 (S.I. No. 339 of 2014)

Protected Disclosures Act 2014 (Commencement) Order 2014 (S.I. No. 327 of 2014)

All statutory instruments up to and including European Union (Protection of Trade Secrets) Regulations 2018 (S.I. No. 188 of 2018), made 8 June 2018, were considered in the preparation of this revision.


Number 14 of 2014


PROTECTED DISCLOSURES ACT 2014

REVISED

Updated to 9 June 2018


CONTENTS

PART 1

Preliminary and General

Section

1. Short title and commencement

2. Provision for review

3. Interpretation

4. Expenses

PART 2

Protected Disclosures

5. Protected disclosures

6. Disclosure to employer or other responsible person

7. Disclosure to prescribed person

8. Disclosure to Minister

9. Disclosure to legal adviser

10. Disclosure in other cases

PART 3

Protections

11. Protection of employees from dismissal for having made protected disclosure

12. Other protection of employees from penalisation for having made protected disclosure

13. Tort action for suffering detriment because of making protected disclosure

14. Immunity from civil liability for making protected disclosure

15. Making protected disclosure not to constitute criminal offence

16. Protection of identity of maker of protected disclosure

PART 4

Special Cases

17. Law enforcement, etc.

18. Security, defence, international relations and intelligence

19. Amendments of Garda Síochána Act 2005

20. Amendment of Ombudsman (Defence Forces) Act 2004

PART 5

Miscellaneous and Supplementary

21. Internal procedures for protected disclosures made by workers employed by public bodies

22. Annual report

23. No contracting-out of protections

24. Protection of disclosure provisions in other enactments

SCHEDULE 1

Interim Relief Pending Determination of Claim for Unfair Dismissal

SCHEDULE 2

Redress for Contravention of section 12(1)

SCHEDULE 3

Disclosures Recipient

SCHEDULE 4

Amendments

PART 1

Amendment of Acts

PART 2

Amendment of Statutory Instrument



Number 14 of 2014


PROTECTED DISCLOSURES ACT 2014

REVISED

Updated to 9 June 2018


An Act to make provision for and in connection with the protection of persons from the taking of action against them in respect of the making of certain disclosures in the public interest and for connected purposes.

[8 th July, 2014]

Be it enacted by the Oireachtas as follows:

Annotations:

Editorial Notes:

E1

Code of practice in relation to Act declared (28.10.2015) by Industrial Relations Act 1990 (Code of Practice on Protected Disclosures Act 2014) (Declaration) Order 2015 (S.I. No. 464 of 2015).