Protected Disclosures Act 2014

10

Disclosure in other cases

10. F33[A disclosure is made in the manner specified in this section if

(a) it is made otherwise than in the manner specified in sections 6 to 9,

(b) the worker reasonably believes that the information disclosed in the report, and any allegation contained in it, are substantially true, and

(c) the worker

(i) has previously made a disclosure of substantially the same information in the manner specified in section 6, 7 or 8, as the case may be, but no appropriate action was taken 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), F34[as the case may be,]

F35[(ia) has previously made a disclosure of substantially the same information in the manner specified in section 7B, or]

(ii) reasonably believes that

(I) 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, or

(II) if he or she were to make a report in the manner specified in section 7 F35[, 7B] or 8, as the case may be

(A) there is a risk of penalisation, or

(B) there is a low prospect of the relevant wrongdoing being effectively addressed, due to the particular circumstances of the case, such as those where evidence may be concealed or destroyed or where a prescribed person may be in collusion with the perpetrator of the wrongdoing or involved in the wrongdoing.]

Annotations:

Amendments:

F33

Substituted (1.01.2023) by Protected Disclosures (Amendment) Act 2022 (27/2022), s. 13, S.I. No. 510 of 2022.

F34

Substituted (22.07.2023) by European Union (Protection of Persons Who Report Breaches of Union Law) Regulations 2023 (S.I. No. 375 of 2023), reg. 8(a), in effect as per reg. 2.

F35

Inserted (22.07.2023) by European Union (Protection of Persons Who Report Breaches of Union Law) Regulations 2023 (S.I. No. 375 of 2023), reg. 8(b), (c), in effect as per reg. 2.