Protected Disclosures Act 2014

8

Disclosure to Minister

F32[8. (1) A disclosure is made in the manner specified in this section where the worker complies with the requirements specified in subsection (2) for making a report.

(2) A worker may make a report to a relevant Minister if

(a) the worker is or was employed in a public body, and

(b) one or more than one of the following conditions are met:

(i) the worker has previously made a report of substantially the same information in the manner specified in section 6, 7 or 8, as the case may be, but no feedback has been provided to the worker in response to the report within the period specified in section 6A(1)(e), 7A(1)(c), 10C(7)(b), 10D(7)(b) or 10E(1)(c), as the case may be, or, where feedback has been provided, the worker reasonably believes that there has been no follow-up or that there has been inadequate follow-up;

(ii) the worker reasonably believes the head of the public body concerned is complicit in the relevant wrongdoing concerned;

(iii) the worker reasonably believes that the relevant wrongdoing concerned may constitute an imminent or manifest danger to the public interest, such as where there is an emergency situation or a risk of irreversible damage.

(3) (a) The relevant Minister shall, without having considered the report or the information or any allegation contained therein, as soon as practicable but in any case not later than 10 days after receipt of a report, transmit the report to the Commissioner.

(b) Section 10D shall apply to a report transmitted to the Commissioner under paragraph (a).

(4) Each Minister of the Government shall make, or cause to be made, available clear and easily accessible information, in such form and manner as the Minister of the Government considers appropriate, including on a website maintained by or on behalf of the Minister of the Government concerned, regarding the making of reports in the manner specified in this section to the Minister of the Government or any Minister of State to whom any function vested in that Minister of the Government is delegated.

(5) In this section

"head of the public body concerned" means

(a) in relation to a Department of State, the Secretary General of the Department concerned,

(b) in relation to the Office of the Director of Public Prosecutions, the Director of Public Prosecutions,

(c) in relation to the Office of the Ombudsman, the Ombudsman,

(d) in relation to the Office of the Information Commissioner, the Information Commissioner,

(e) in relation to the Office of the Financial Services and Pensions Ombudsman, the Financial Services and Pensions Ombudsman,

(f) in relation to the Houses of the Oireachtas Service, the Chairman of Dáil Éireann,

(g) in relation to the Houses of the Oireachtas Commission, its chairperson,

(h) in relation to the Office of the Ombudsman for Children, the Ombudsman for Children,

(i) in relation to the Garda Síochána, the Garda Commissioner,

(j) in relation to the Garda Síochána Ombudsman Commission, its chairperson, and

(k) in relation to any other public body, the person who holds, or performs the functions of, the office of chief executive officer (by whatever name called) of the body;

"relevant Minister" means a Minister of the Government with responsibility for the public body concerned in whom functions, whether statutory or otherwise, as respects that public body, are vested, or a Minister of State to whom any such function is delegated.]

Annotations:

Amendments:

F32

Substituted (1.01.2023) by Protected Disclosures (Amendment) Act 2022 (27/2022), s. 12, S.I. No. 510 of 2022.