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Protected Disclosures (Amendment) Act 2022
From Department of Health
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The Protected Disclosures Act 2014 provides for a framework of statutory protections for whistle blowers 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 came into operation on 1 January 2023.
The Department of Health has put in place policy and procedures for the making of Protected Disclosures in the Department. These have been developed in line with the Protected Disclosures Act, 2014 and as agreed by the Department’s Management Board. These set out the process by which a ‘worker’ of the Department can make a protected disclosure, what will happen when a disclosure is made and what the Department will do to protect the discloser. The policy and procedures will be updated to reflect the Protected Disclosures (Amendment) Act 2022 , which commenced on the 1st January 2023 and the Interim Guidance for public bodies and prescribed persons published by the Department of Public Expenditure and Reform in November 2022.
The process supports the Department’s strong commitment to ensuring that the culture and working environment of the Department encourage, facilitate and support any member of staff of the Department in ‘speaking up’ on any issue that may impact adversely on the Department’s ability to properly and fully carry out all its roles and responsibilities to the high performance standard required.
The following people can make a protected disclosure under the policy:
All ‘’workers’’ in the Department as defined in section 3 of the Act , including:
- current and former employees
- volunteers
- independent contractors
- trainees
- job candidates
The policy sets out the process by which a worker can make a protected disclosure, the way in which such reports are handled and what the department will do to protect the reporting person.
The Department of Health is strongly committed to supporting a culture where all our workers can safely speak up and report any concerns of relevant wrongdoing as defined in the legislation, and to provide the necessary supports to those who raise genuine concerns.
Free and independent supports are available to anyone considering making, or having made, a protected disclosure. Anyone can contact the free and confidential 'Speak Up' helpline (1800 844 866) or use the Secure Report Form , email , post , or Signal app , which is operated by Transparency International Ireland. This process is independent of the Department.
If a worker is or was employed in a public body, the worker may make a protected disclosure to a relevant Minister, subject to certain conditions being met. 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.
A protected disclosure is a disclosure of information which, in the reasonable belief of a worker, tends to show one or more relevant wrongdoings that came to the attention of the worker in a work-related context and is disclosed in the manner prescribed in the Protected Disclosures Act 2014 . as amended by the Protected Disclosures (Amendment) Act 2022.
Further details on making a Protected Disclosure via the Ministerial Channel and a link to the form for making a disclosure can be found below.
Making a Protected Disclosure to the Minister/Minister of State in the Department of Health.
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Electronic disclosures should be emailed to: ProtectedDisclosuresMinister@health.gov.ie
Protected Disclosures made by post should be marked confidential and sent to:
Minister / Minister of State for Health, Department of Health, Miesian Plaza, 50 - 58 Baggot Street Lower, Dublin 2, D02 XW14
Under the Act Protected Disclosures received by the Minister or Minister for State must be forwarded directly to the Protected Disclosures Commissioner within 10 calendar days of receipt. Any queries or further correspondence should be directed to the Commissioner.
Certain persons are prescribed to receive protected disclosures (“prescribed persons”). This includes the heads or senior officials of a range of bodies involved in the supervision or regulation of certain sectors of the economy or society.
The full list of prescribed persons is contained in SI 367 of 2020.