New Developments in Whistleblowing Legislation
The Protected Disclosures (Amendment) Bill 2022 will transpose the EU Whistleblowing Directive into Irish law, and will extend the scope of existing laws to provide protections for volunteers, shareholders, board members and job applicants for the first time.
The bill will require private sector organisations with 50 or more employees to establish formal channels and procedures for their employees to make protected disclosures, as is currently the case in the public sector. This will be monitored and enforced by Workplace Relations Commission inspectors.
Employers and prescribed persons who receive protected disclosures will be required to acknowledge them and follow-up on the allegations made and give feedback to the reporting person within three months.
The bill will also establish a new Office of the Protected Disclosures Commissioner within the Office of the Ombudsman to support the operation of the new legislation.
The commissioner will direct protected disclosures to the most appropriate body when it is unclear which body is responsible, and will also take responsibility for transmitting all protected disclosures sent to government ministers to the most appropriate authority for assessment and thorough follow-up.
The legislation will also reverse the burden of proof in civil proceedings so that it will fall to the employer to provide that any alleged act of penalisation did not occur because a person made a protected disclosure.
Public expenditure and reform minister Michael McGrath said: “I am delighted to be publishing this important piece of legislation. Ireland has had whistleblower protection laws since 2014 and we have learned much since the Act came into operation.
“Ireland is one of a small number of EU countries to have had such a regime in place before the European Directive, and in many instances, the 2014 Act has afforded vital protection to whistleblowers. However, a number of high-profile cases show that we can never be complacent about protecting those who are reporting wrongdoing by both public and private sector organisations.
“I believe it is important that we take this opportunity now to improve our legislative framework for dealing with protected disclosures.
“The implementation of the EU Directive and the amendments I am proposing in this bill will further strengthen the protections for whistleblowers and maintain Ireland’s position as a leader in this area. I look forward now to progressing this legislation through the Oireachtas and working with colleagues there so we can get it enacted as soon as possible.”