Michael MacGrath

The Protected Disclosures (Amendment) Act 2022 transposes the EU Whistleblowing Directive into Irish law, and extends the scope of the Protected Disclosures Act 2014 to provide protections for volunteers, shareholders, board members and job applicants for the first time.

The new law 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, with the Workplace Relations Commission taking responsibility for monitoring and enforcement.

The law also provides for the establishment of a new Office of the Protected Disclosures Commissioner in the Office of the Ombudsman later this year.

The commissioner will direct protected disclosures to the most appropriate body when it is unclear which body is responsible to help ensure that all protected disclosures will be dealt with appropriately.

The commissioner will also take on responsibility for transmitting all protected disclosures sent to ministers of the government to the most appropriate authority for assessment and thorough follow-up.

Other provisions of the law include a reversal of the burden of proof in civil proceedings concerning allegations of retaliation against whistleblowers; expansion of interim relief measures to include acts of retaliation beyond dismissal; and criminal penalties for acts of retaliation.

Michael McGrath, the minister for public expenditure and reform, said: “The enactment of this law fulfils our commitment in the programme for government to update and reform the Protected Disclosures Act in light of the EU Directive to ensure it remains as effective as possible.

“The bill is just one of a suite of measures I am bringing forward in this area. We are also overhauling the legislation in the areas of lobbying and ethics and we will see significant progress in these areas after the summer recess.”

He added: “This is a complex piece of legislation and I want to commend officials in my Department for their hard work. I also want to acknowledge the role of my Oireachtas colleagues in the Seanad and the Dáil for their input and cooperation on this important legislation.”