Michael McGrath

The Protected Dislosures Act 2014 provides for a framework of statutory protections for whistleblowers in Ireland. The Act has been substantially overhauled by the Protected Disclosures (Amendment) Act 2022, which was signed into law in July. The new legislation comes into operation on 1 January 2023.

The Act will, among other things, require public sector employers and prescribed persons to revise and update their procedures and channels for receiving protected disclosures. In particular, the Act requires that protected disclosures be acknowledged and diligently followed-up on and that feedback be given to the reporting person.

The new guidance, published yesterday by public expenditure and reform minister Michael McGrath, is intended to support public bodies in meeting their obligations in this regard.

This interim guidance will be reviewed in the new year with a view to issuing full formal statutory guidance in the first quarter of 2023.

Mr McGrath said: “This guidance will greatly assist public bodies in making the necessary preparations to get ready for the changes to the Act in the new year.

“It reflects not only the new requirements of the amended legislation but also takes on board a lot of feedback my department has received in relation to the operation of the legislation over the past eight years.

“While this guidance is aimed primarily at the public sector, those private sector employers that will be required to establish internal reporting channels for their staff under the new legislation may also find some of the material in the guidance helpful.”