Protected Disclosures Act 2014
Number 14 of 2014
PROTECTED DISCLOSURES ACT 2014
REVISED
Updated to 22 July 2023
This Revised Act is an administrative consolidation of the Protected Disclosures Act 2014. It is prepared by the Law Reform Commission in accordance with its function under the 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 the Wildlife (Amendment) Act 2023 (25/2023), enacted 20 July 2023, and all statutory instruments up to and including the European Union (Protection of Persons Who Report Breaches of Union Law) Regulations 2023 (S.I. No. 375 of 2023), made 19 July 2023, 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 22 July 2023
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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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 1972, 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
• Higher Education Authority Act 2022 (31/2022)
• Protected Disclosures (Amendment) Act 2022 (27/2022)
• Workplace Relations Act 2015 (16/2015)
• Industrial Relations (Amendment) Act 2001 (11/2001)
All Acts up to and including Wildlife (Amendment) Act 2023 (25/2023), enacted 20 July 2023, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• European Union (Protection of Persons Who Report Breaches of Union Law) Regulations 2023 (S.I. No. 375 of 2023)
• Protected Disclosures Act 2014 (Digital Markets Act) (Amendment) Regulations 2023 (S.I. No. 359 of 2023)
• Protected Disclosures Act 2014 (Disclosure to Prescribed Persons) Order 2020 (S.I. No. 367 of 2020)
• 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 Persons Who Report Breaches of Union Law) Regulations 2023 (S.I. No. 375 of 2023), made 19 July 2023, were considered in the preparation of this revision.
Number 14 of 2014
PROTECTED DISCLOSURES ACT 2014
REVISED
Updated to 22 July 2023
CONTENTS
Preliminary and General
Section
1. Short title and commencement
2A. Provision for further review
Protected Disclosures
6. Disclosure to employer or other responsible person
6A. Internal reporting channels and procedures
7. Disclosure to prescribed person
7A. External reporting channels and procedures
7B. Disclosure to relevant institutions, bodies, offices or agencies of European Union
9. Disclosure to legal adviser
Office of the Protected Disclosures Commissioner
10A. Establishment of Office of the Protected Disclosures Commissioner
10B. Provisions applying to reports made to Commissioner in the manner specified in section 7
10C. Commissioner to act as recipient of last resort in respect of certain reports
10E. Provisions applying to other suitable persons to whom reports are transmitted by Commissioner
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
13A. Tort action for damage caused by report of false information
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
16A. Protection of identity of persons concerned
Special Cases
18. Security, defence, international relations and intelligence
19. Amendments of Garda Síochána Act 2005
20. Amendment of Ombudsman (Defence Forces) Act 2004
Miscellaneous and Supplementary
23. No contracting-out of protections
24. Protection of disclosure provisions in other enactments
25. Interaction of Directive with other enactments
Interim Relief Pending Determination of Claim for Unfair Dismissal
Redress for Contravention of section 12(1)
Disclosures Recipient
Amendments
Amendment of Acts
Amendment of Statutory Instrument
The Protected Disclosures Commissioner
Annex to Directive
Transitional Provisions
Acts Referred to
Bankruptcy Act 1988 (No. 27)
Central Bank (Supervision and Enforcement) Act 2013 (No. 26)
Charities Act 2009 (No. 6)
Chemicals Act 2008 (No. 13)
Children Act 2001 (No. 24)
Civil Service Regulation Act 1956 (No. 46)
Companies Act 1963 (No. 33)
Companies Acts
Competition Act 2002 (No. 14)
Consumer Protection Act 2007 (No. 19)
Criminal Justice Act 2011 (No. 22)
Debtors (Ireland) Act 1840 (3 & 4 Vict., c. 105)
Defamation Act 2009 (No. 31)
Defence Act 1954 (No. 18)
Employment Permits Act 2006 (No. 16)
European Parliament Elections Act 1997 (No. 2)
Further Education and Training Act 2013 (No. 25)
Garda Síochána Act 2005 (No. 20)
Health Act 2004 (No. 42)
Higher Education Authority Act 1971 (No. 22)
Inland Fisheries Act 2010 (No. 10)
Local Government Act 2001 (No. 37)
Offences Against the State Act 1939 (No. 13)
Ombudsman (Defence Forces) Act 2004 (No. 36)
Prisons Acts 1826 to 2007
Property Services (Regulation) Act 2011 (No. 40)
Protection of Employees (Employers’ Insolvency) Act 1984 (No. 21)
Protection of Employees (Temporary Agency Work) Act 2012 (No. 13)
Protections for Persons Reporting Child Abuse Act 1998 (No. 49)
Standards in Public Office Act 2001 (No. 31)
Taxes Consolidation Act 1997 (No. 39)
Trade Union Act 1941 (No. 22)
Trade Union Acts 1871 to 1990
Unfair Dismissals Act 1977 (No. 10)
Unfair Dismissals Acts 1977 to 2007
Number 14 of 2014
PROTECTED DISCLOSURES ACT 2014
REVISED
Updated to 22 July 2023
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).