Protected Disclosures in DPER

Background
Annual Report
Ministerial Reporting Channel under the Protected Disclosures Act 2022

Background

The Department of Public Expenditure and Reform has internal procedures in place in respect of protected disclosures that have been developed in line with the Protected Disclosures (Amendment) Act, 2022 . These procedures detail how staff members can make a disclosure; what happens when disclosures are made; and what the Department does to protect the staff member.

The Department has a strong commitment to ensuring its culture and working environment encourages, facilitates and supports employees. This particularly refers to anyone who might wish to 'speak up' on an issue that impinges on the Department’s ability to carry out its responsibilities.

Annual Report

The Protected Disclosures (Amendment) Act, 2022 requires that annual reports be published in relation to disclosures received by the Department by 31 March each year in respect of the previous calendar year.

There were no relevant protected disclosures received by the Department of Public Expenditure and Reform between the years 2014 to 2020 inclusive. One such protected disclosure was received in 2021 and was dealt with in line with the Protected Disclosures Act, 2014.

The information required in respect of 2022 will be published by 31 March, 2023, in the format required by the 2022 Act.

Ministerial Reporting Channel under the Protected Disclosures Act 2022

The Protected Disclosures (Amendment) Act, 2022 makes provision for a worker to make a disclosure to a relevant Minister in certain circumstances.

Outlined below is information on:

Conditions applying for making of disclosures or reports to a Minister;
The means by which a disclosure can be made;
The information that should be included in any such disclosure;
How that disclosure will be dealt with by the Department;
How the information disclosed is kept confidential and protected; and
Contact details for Transparency International Ireland where reporting persons can seek advice.

Conditions for reporting to a Minister

If a worker is or was employed in a public body, the worker may make a protected disclosure to a relevant Minister. A “relevant Minister” is defined as a Minister with responsibility for the public body concerned in whom functions, whether statutory or otherwise, as respects the public body, are vested, or a Minister of State to whom any such function is delegated. In general, this will be the Minister for the parent Department of the public body.

In order to make a disclosure to a relevant Minister, the worker must reasonably believe that the information disclosed tends to show one or more relevant wrongdoings, and one or more of the following must also apply:

The worker has previously made a disclosure of substantially the same information to their employer or a prescribed person, as the case may be, but no feedback has been provided to the worker in response to the disclosure within the period allowed, or, where feedback has been provided, the reporting person reasonably believes that there has been no follow-up or that there has been inadequate follow-up;
The worker reasonably believes the head of the public body concerned is complicit in the relevant wrongdoing reported;
The worker reasonably believes that the disclosure contains information about a relevant wrongdoing that may constitute an imminent or manifest danger to the public interest, such as where there is an emergency situation or a risk of irreversible damage.

How to make such a protected disclosure

Protected disclosures meeting the above conditions can be submitted in writing via email or post to the Minister of Public Expenditure and Reform at the following addresses:

By e-mail to ProtectedDisclosuretoMinister@per.gov.ie

By post to Protected Disclosure to the Minister for Public Expenditure and Reform, c/o Private Secretary to the Minister, Department of Public Expenditure and Reform, South Block, Government Buildings, Upper Merrion Street, Dublin 2.

Information that should be included in such a protected disclosure

It is recommended that, at a minimum, reports should include the following details:

that the report is a protected disclosure and is being made under these procedures;
the reporting person’s name, position in the organisation, place of work and confidential contact details;
the date of the alleged wrongdoing (if known) or the date the alleged wrongdoing commenced or was identified;
whether or not the alleged wrongdoing is still ongoing;
whether the alleged wrongdoing has already been disclosed and if so, to whom, when, and what action was taken;
information in respect of the alleged wrongdoing (what is occurring / has occurred and how) and any supporting information;
the name of any person(s) allegedly involved in the alleged wrongdoing (if any name is known and the worker considers that naming an individual is necessary to report the wrongdoing disclosed); and
any other relevant information.

Process

Protected Disclosures submitted to the Minister will be transmitted to the Protected Disclosures Commissioner within ten calendar days. Following this transmission, any queries or further correspondence should be directed to the Commissioner.

Confidentiality and Data Protection

Any Protected Disclosures made to the Department will be treated with the utmost confidence in line with the Protected Disclosure (Amendment) Act, 2022 and having regard to relevant Departmental Policies such as Data Protection.

Advice

Should a reporting person require further advice on making a Protected Disclosure, they can contact Transparency International Ireland’s Speak Up helpline at 1800 844 866. Further contact information can be found at https://www.transparency.ie/helpline