Dáil Éireann Debate, Tuesday - 13 December 2022
332. Deputy Catherine Connolly asked the Minister for Defence if he is satisfied at the way in which the protected disclosure section of the Department operates; if he is satisfied with the way in which protected disclosures are dealt with; and if he will make a statement on the matter. [62284/22]
View answerThe purpose of the Protected Disclosures Act 2014 (the Act) is to provide a mechanism whereby workers can provide information in confidence to employers relating to relevant wrongdoings as set out in the Act. It also protects persons from the taking of action against them in respect of the making of disclosures. In the case of members of the Defence Forces, the Ombudsman for the Defence Forces is empowered to investigate their claims of penalisation.
The Act does not set out a process by which information provided by way of a protected disclosure should be investigated. The process adopted, broadly speaking, is one of assessing whether the information provided meets the criteria of the Act and then assessing the best method to investigate the alleged wrong doing using either internal or external methods. Each disclosure is dealt with on its merits and the time to consider matters can be influenced by the complexity and multiplicity of events outlined. A Discloser is not seen as a Complainant and the protected disclosure process does not involve investigating the Discloser or making findings against the Discloser.
Section 16 of the Act provides that subject to exceptions, a person to whom a protected disclosure is made, and any person to whom a protected disclosure is referred in the performance of that person’s duties, shall not disclose to another person any information that might identify the person by whom the protected disclosure was made. On this basis, it would be inappropriate for me to give specific detail that may identify a Discloser.
Members of the Defence Forces may also avail of the statutory processes in place for redress of wrongs. I have no statutory role in the process for investigating complaints submitted under the process. I should also underline that this process is separate and distinct to the protected disclosures mechanism.
I am fully committed to compliance with the requirements of the Protected Disclosures Act, 2014 and to the protections contained in that Act. The Deputy may wish to note that the provisions of the Protected Disclosures (Amendment) Act 2022 will commence on the 1st January 2023.
