Michael McGrath

Michael McGrath, the minister for public expenditure and reform, yesterday signed a commencement order bringing the Protected Disclosures (Amendment) Act 2022 into force from 1 January 2023.

From that date, private sector employers with 250 or more employees will be required to establish formal reporting channels for workers to report concerns about wrongdoing in the workplace, as is currently the case in the public sector.

The law will be extended further to private sector employers with 50 or more employees from 17 December 2023 onwards.

The new Office of the Protected Disclosures Commissioner will also commence operations on 1 January 2023. The Ombudsman, Ger Deering, will be the first protected disclosures commissioner.

Announcing the signing of the commencement order, Mr McGrath said: “This Act substantially overhauls the legal framework for the protection of whistleblowers.

“It gives greater certainty to workers who report wrongdoing that the information they disclose will be properly followed-up on. It also strengthens the protections for workers who suffer penalisation for raising a concern about wrongdoing in the workplace.

“The Act imposes new requirements of public and private sector employers as regards the operation of formal whistleblowing channels. It also provides for the establishment of the new Office of the Protected Disclosures Commissioner.

“In signing the order today and setting 1 January as the commencement date of the legislation, I am giving employers notice so that they can make the necessary arrangements as regards compliance with the Act. It also gives the Protected Disclosures Commissioner sufficient time to get ready to be in a position to fulfil his obligations under the Act.”