Protected Disclosures Act 2014
Number 14 of 2014
PROTECTED DISCLOSURES ACT 2014
REVISED
Updated to 8 November 2024
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 Health Insurance (Amendment) and Health (Provision of Menopause Products) Act 2024 (42/2024), enacted 11 November 2024, and all statutory instruments up to and including the European Union (Markets in Crypto-Assets) Regulations 2024 (S.I. No. 607 of 2024), made 7 November 2024, 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 8 November 2024
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 8 November 2024
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
Modifications (not altering text):
C1
Functions transferred and references to "Cathaoirleach" or "Cathaoirligh", "Leas-Chathaoirleach", "chief executive" and "deputy chief executive" construed (16.05.2024) by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), ss. 10, 23, 25, 26, 28 and sch. 1 parts 1, 2, S.I. No. 207 of 2024.
Functions of Mayor
10. (1) All functions (other than functions conferred by or under an enactment specified in Part 1 of Schedule 1) that, immediately before the vesting day, vested in the Cathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Mayor.
(2) All functions (other than functions conferred by or under an enactment specified in Part 2 of Schedule 1) that, immediately before the vesting day, vested in the chief executive of Limerick City and County Council shall, on and after that day, vest in the Mayor.
(3) From the vesting day, a reference in any enactment (other than an enactment specified in Part 1 of Schedule 1) to Cathaoirleach shall, in so far as the reference applies to the Cathaoirleach of Limerick City and County Council, be construed as a reference to the Mayor, or as including a reference to the Mayor, as the context requires.
(4) From the vesting day, a reference in any enactment (other than an enactment specified in Part 2 of Schedule 1) to chief executive shall, in so far as that reference applies to the chief executive of Limerick City and County Council, be construed as a reference to the Mayor, or as including a reference to the Mayor, as the context requires.
(5) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
...
Functions of Príomh Chomhairleoir
23. (1) All functions conferred by or under an enactment specified in Part 1 of Schedule 1 that, immediately before the vesting day, vested in the Cathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Príomh Chomhairleoir.
(2) From the vesting day, a reference in an enactment specified in Part 1 of Schedule 1 to Cathaoirleach or Cathaoirligh shall, in so far as that reference applies to the Cathaoirleach of Limerick City and County Council, be construed as a reference to the Príomh Chomhairleoir, or as including a reference to the Príomh Chomhairleoir, as the context may require.
(3) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
...
Functions of Leas-Phríomh Chomhairleoir
25. (1) All functions conferred by or under any enactment that, immediately before the vesting day, vested in the Leas-Chathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Leas-Phríomh Chomhairleoir.
(2) From the vesting day, a reference in any enactment to Leas-Chathaoirleach shall, in so far as that reference applies to the Leas-Chathaoirleach of Limerick City and County Council, be construed as a reference to the Leas-Phríomh Chomhairleoir, or as including a reference to the Leas-Phríomh Chomhairleoir, as the context may require.
(3) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
Director general
26. (1) The chief executive of Limerick City and County Council shall, on and after the vesting day, be known as the director general of Limerick City and County Council and is in this Act referred to as the “director general”.
(2) The person who, immediately before the vesting day, was the chief executive of Limerick City and County Council shall, on and after that day, continue in office and be referred to in accordance with subsection (1).
(3) On and after the vesting day, a reference in an enactment specified in Part 2 of Schedule 1 to chief executive shall, in so far as that reference applies to the chief executive of Limerick City and County Council, be construed as a reference to the director general, or as including a reference to the director general, as the context may require.
(4) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
...
Deputy director general
28. (1) On and after the vesting day, a deputy chief executive appointed by the director general under section 148 of the Principal Act shall be known as the deputy director general of Limerick City and County Council and is, in this Act, referred to as the “deputy director general”.
(2) The person who, immediately before the vesting day, was the deputy chief executive of Limerick City and County Council shall, on and after that day, continue in office and be referred to in accordance with subsection (1).
(3) On and after the vesting day, a reference in any enactment to deputy chief executive shall, in so far as the reference applies to the deputy chief executive of Limerick City and County Council, be construed as a reference to the deputy director general, or as including a reference to the deputy director general, as the context may require.
(4) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
...
SCHEDULE 1
PART 1
Enactments for Purposes of Sections 10 and 23
|
Number and Year (1) |
Provision (2) |
Extent of Modification (3) |
|
No. 37 of 2001 |
Local Government Act 2001 |
Sections 11(5)(b), 11(8), 31(4)(a), 31(5), 31(7), 31(9), 31(11), 33, 34(2)(e), 36, 37, 38, 104(7)(a), 133(6)(a), 134(4)(b), 140(8), 141(1)(b), 141(4), 142(2)(a), 142(5)(f), 143(1), 147, 148, 158(3), 174(8), 178(2)(b), 178(5), 180(3)(a), 189(9), 190(9), 216(2)(a), 219(1) and 220(1); paragraphs 3(4), 4(2), 4(3), 6(1), 6(2), 6(3), 7(9), 10, 13(5)(e), 13(6) and 16(4)(c) of Schedule 10; paragraph 3 of Schedule 14. |
PART 2
Enactments for Purposes of Sections 10 and 26
|
Number and Year (1) |
Short Title (2) |
Provision (3) |
|
... |
... |
... |
|
No. 14 of 2014 |
Protected Disclosures Act 2014 |
The whole Act. |
|
... |
... |
... |
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).