Protected Disclosures Act 2014

(a) require any person who, in the opinion of the Commissioner, is in possession of information, or has any record, book, document or other thing in his or her power or control, that, in the opinion of the Commissioner, is relevant to the purpose aforesaid to furnish to the Commissioner any such information or record, book, document or other thing and, where appropriate, require the person to attend before him or her for that purpose, and

(b) examine and take copies in any form of, or extracts from, any record, book, document or other thing that, in the opinion of the Commissioner, is relevant to the purpose aforesaid and for that purpose take possession of any such record, book, document or other thing and retain it in his or her possession for a reasonable period,

and the person shall comply with a requirement under this subsection.

(2) A requirement undersubsection (1)shall be made by notice in writing given to the person to whom it is directed and shall specify the period within which and the place at which any information or record, book, document or other thing is to be furnished to the Commissioner or the place at which a person is to attend before the Commissioner.

(3) (a) The Commissioner may appoint such and so many members of staff, and other suitably qualified persons, as the Commissioner considers appropriate to be authorised officers for the purpose referred to insubsection (1).

(b) A person appointed underparagraph (a)shall, on his or her appointment, be furnished by the Commissioner with a certificate of his or her appointment and, when exercising a power conferred under this section shall, on request by any person thereby affected, produce such certificate together with a form of personal identification to that person for inspection.

(c) An appointment shall cease—

(i) if the Commissioner revokes, in writing, the appointment,

(ii) in the case of a person who at the time of his or her appointment was a member of staff of the Commissioner, upon the person ceasing to be such a member of staff, or

(iii) in the case of an appointment for a fixed period, upon the expiry of that period.

(d) In this subsection, "suitably qualified person" means a person, other than a member of staff of the Commissioner, who, in the opinion of the Commissioner, has the expertise and experience necessary to perform the functions conferred on an authorised officer under this section.

(4) Subject tosubsections (5)and(6), an authorised officer may, for the purpose referred to insubsection (1), enter any premises occupied by a person referred to insubsection (1)(a)and there—

(a) require any person found on the premises to furnish him or her with such information in the possession of the person as he or she may reasonably require for the purpose aforesaid and to make available to him or her any record, book, document or other thing in his or her power or control that, in the opinion of the authorised officer, is relevant to that purpose, and

(b) examine and take copies of, or extracts from, any such record, book, document or other thing made available to him or her as aforesaid or found on the premises.

(5) An authorised officer shall not enter a dwelling other than—

(a) with the consent of the occupier, or

(b) pursuant to a warrant undersubsection (7).

(6) Where an authorised officer is, in the exercise of his or her powers under this section, prevented from entering any premises an application may be made undersubsection (7)authorising such entry.

(7) If a judge of the District Court is satisfied on the sworn information of an authorised officer that there are reasonable grounds for suspecting that any information or record, book, document or other thing required by the authorised officer for the purposes of performing his or her functions under this section is held at any premises or dwelling or any part of any premises or dwelling the judge may issue a warrant authorising the authorised officer, accompanied if the officer considers necessary by such other person or member of the Garda Síochána or both, at any time or times not later than 30 days from the date of issue of the warrant and on production if so requested of the warrant, to enter, if need be by reasonable force, the premises or dwelling or part of the premises or dwelling concerned and exercise all or any of the powers conferred on an authorised officer under this section.

(8) Subject tosubsection (9), no enactment or rule of law prohibiting or restricting the disclosure or communication of information shall preclude a person from furnishing to the Commissioner or an authorised officer, as the case may be, any such information or record, book, document or other thing, as aforesaid.

(9) A person to whom a requirement is addressed undersubsection (1)or(4)shall be entitled to the same immunities and privileges as a witness in a court.

(10) Subject to this Act, the procedure for diligent follow-up shall be such as the Commissioner considers appropriate in all the circumstances of the case and, without prejudice to the foregoing, shall be as informal as is consistent with the due performance of the functions of the Commissioner under this Act.

(11) The Commissioner may, if he or she thinks fit, pay to any person who, for the purpose referred to insubsection (1), attends before the Commissioner or furnishes information or any record, book, document or other thing to him or her—

(a) sums in respect of travelling and subsistence expenses properly incurred by the person, and

(b) allowances by way of compensation for loss of his or her time,

of such amount as may be determined by the Minister.

(12) If it appears to the Commissioner that a person has failed to comply with a requirement undersubsection (1)or(4), the Commissioner may apply to the Circuit Court for an order undersubsection (13).

(13) If, on an application undersubsection (12), the Circuit Court is satisfied as to the failure of a person referred to insubsection (12)to comply with the requirement concerned, the Court may make an order directing that person to comply with the requirement.

(14) A person who—

(a) withholds, destroys, conceals or refuses to provide any information or record, book, document or other thing required for the purpose referred to insubsection (1),

(b) fails or refuses to comply with any requirement undersubsection (1)or(4), or

(c) otherwise obstructs or hinders the Commissioner or an authorised officer in the performance of his or her functions under this section,

commits an offence and shall be liable—

(i) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months, or both, or

(ii) on conviction on indictment, to a fine not exceeding€50,000 or imprisonment for a term not exceeding 2 years, or both.]

PART 3 Protections

11. Protection of employees from dismissal for having made protected disclosure

11.(1) The Unfair Dismissals Act 1977 is amended—

(a) in section 1 by inserting the following definitions:

“ ‘protected disclosure’ has the meaning given by the Protected Disclosures Act 2014;

‘relevant wrongdoing’ has the meaning given by the Protected Disclosures Act 2014;”;

(b) in section 6 by inserting the following paragraph after paragraph (b) of subsection (2):

“(ba) the employee having made a protected disclosure,”;

(c) in section 6 by inserting the following subsection after subsection (2C):

“(2D) Sections 3 and 4 do not apply to a case falling within paragraph (ba) of subsection (2) and that paragraph applies to a person who would otherwise be excluded from this Act by any of paragraphs (a) to (c) and (e) to (k) of section 2(1).”;

(d) in section 7 by inserting the following subsection after subsection (1):

“(1A) In relation to a case falling within section 6(2)(ba) the reference in subsection (1)(c)(i) to 104 weeks has effect as if it were a reference to 260 weeks.”;

and

(e) in section 7 by inserting the following subsection after subsection (2A):

“(2B) Where—

(a) the dismissal of an employee results wholly or mainly from the employee having made a protected disclosure, and

(b) the investigation of the relevant wrongdoing concerned was not the sole or main motivation for making the disclosure,

the amount of compensation that is just and equitable may be up to 25 per cent less than the amount that it would otherwise be.”.

(2) Schedule 1 contains provisions for interim relief in cases where a claim is brought for redress for a dismissal which is an unfair dismissal by virtue of section 6(2)(ba) (inserted by subsection (1)) of the Unfair Dismissals Act 1977.

12. Other protection of employees from penalisation for having made protected disclosure

12.(1) An employer shall not penalise or threaten penalisation against an employee, or cause or permit any other person to penalise or threaten penalisation against an employee, for having made a protected disclosure.

(2)Subsection (1) does not apply to the dismissal of an employee to whom section 6(2)(ba) of the Unfair Dismissals Act 1977 applies.

(3) Schedule 2 shall have effect in relation to an alleged contravention of subsection (1) .

(4)Subsection (3) does not apply in relation to the penalisation of an employee if the employee is within paragraph (d) of section 2(1) of the Unfair Dismissals Act 1977.

(5) Any person who, on examination authorised under paragraph 3(1) of Schedule 2, wilfully makes any material statement which the person knows to be false or does not believe to be true commits an offence and is liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both.

(6) A person to whom a notice under paragraph 3(2) of Schedule 2 has been given and who refuses or wilfully neglects to attend in accordance with the notice or who, having so attended, refuses to give evidence or refuses or wilfully fails to produce any document to which the notice relates commits an offence and is liable on summary conviction to a class A fine.

(7) A document purporting to be signed by the chairperson or a deputy chairperson of the Labour Court stating that—

(a) a person named in the document was, by a notice under paragraph 3(2) of Schedule 2, required to attend before the Labour Court on a day and at a time and place specified in the document, to give evidence or produce a document, or both, and

(b) a sitting of the Labour Court was held on that day and at that time and place, and the person did not attend before the Labour Court pursuant to the notice or, having so attended, refused to give evidence or refused or wilfully failed to produce the document, shall, in a prosecution of the person for an offence under subsection (6), be evidence of the matters so stated without further proof unless the contrary is shown.

F42[(7A) An employee who claims to have suffered penalisation wholly or mainly for having made a protected disclosure may apply to the Circuit Court for interim relief within 21 days immediately following the date of the last instance of penalisation or such longer period as the Court may allow.

(7B) In this section and Schedule 2, references to "employee" include a worker referred to inparagraphs (d),(g)and(h)of the definition of "worker" insection 3(1).

(7C) In any proceedings by an employee under theWorkplace Relations Act 2015in respect of an alleged contravention ofsubsection (1), the penalisation shall be deemed, for the purposes of this section, to have been as a result of the employee having made a protected disclosure, unless the employer proves that the act or omission concerned was based on duly justified grounds.]

(8) Summary proceedings for an offence under subsection (5) or (6) may be brought and prosecuted by the Minister for Jobs, Enterprise and Innovation.

(9) F43[…]

(10) F43[…]

13. Tort action for suffering detriment because of making protected disclosure

13.(1) If a person causes detriment to another person because the other person or a third person made a protected disclosure, the person to whom the detriment is caused has a right of action in tort against the person by whom the detriment is caused.

(2) A person may not both—

(a) pursue a right of action under subsection (1) against a person in respect of a matter, and

(b) in respect of the same matter make or present against the same person—

(i) a claim for redress under the Unfair Dismissals Acts 1977 to 2007,

(ii) a complaint under Schedule 2, or

(iii) a complaint under section 114 of the Defence Act 1954 or section 6 of the Ombudsman (Defence Forces) Act 2004.

F44[(2A) Where the investigation of the relevant wrongdoing concerned was not the sole or main motivation for making the protected disclosure concerned, in determining the amount of any damages to be awarded, in proceedings under this section, to a person to whom detriment is caused, the amount may be up to 25 per cent less than the amount that it would otherwise be.

(2B) In any proceedings under this section in respect of alleged detriment caused to a person, the detriment so caused shall be deemed, for the purposes of this section, to have been caused as a result of the person or another person having made a protected disclosure, unless the person whom it is alleged caused the detriment proves that the act or omission concerned was based on duly justified grounds.]

F45[(3) Insubsection (1), "detriment" means an act or omission referred to in any ofparagraphs (a)to(q)of the definition of "penalisation" insection 3, subject to the modification that references in any of the said paragraphs to a worker shall be read as a reference to the person to whom the detriment is caused.]

13A. F46[Tort action for damage caused by report of false information

13A.A person who suffers damage resulting from the making of a report, where the reporting person knowingly reported false information, has a right of action in tort against the reporting person.]

14. Immunity from civil liability for making protected disclosure

14.(1) No cause of action in civil proceedings, other than a defamation action (within the meaning of the Defamation Act 2009), shall lie against a person in respect of the making of a protected disclosure.

(2) The Defamation Act 2009 is amended in Part 1 of Schedule 1 by inserting the following paragraph after paragraph 13:

“13A. A protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

14A. F47[Offences and penalties

14A.(1) A person who—

(a) hinders or attempts to hinder a worker in making a report,

(b) penalises or threatens penalisation or causes or permits any other person to penalise or threaten penalisation against any of the following:

(i) a reporting person;

(ii) a facilitator;

(iii) any third person who is connected with a reporting person and who could suffer retaliation in a work-related context, including as a colleague or relative of the reporting person;

(iv) any legal entity that a reporting person owns, works for or is otherwise connected with in a work-related context,

(c) brings vexatious proceedings against any person or legal entity referred to inparagraph (b),

(d) breaches the duty of confidentiality insection 16regarding the identity of reporting persons, or

(e) fails to comply with the requirement insection 6(3)to establish, maintain and operate internal reporting channels and procedures referred to in the saidsection 6(3),

commits an offence.

(2) A reporting person who makes a report containing any information that he or she knows to be false commits an offence.

(3) A person who commits an offence undersubsection (1)(a),(b),(c)or(e)is liable—

(a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months, or both, or

(b) on conviction on indictment, to a fine not exceeding€250,000 or to imprisonment for a term not exceeding 2 years, or both.

(4) A person who commits an offence undersubsection (1)(d)is liable—

(a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months, or both, or

(b) on conviction on indictment, to a fine not exceeding€75,000 or to imprisonment for a term not exceeding 2 years, or both.

(5) A person who commits an offence undersubsection (2)is liable—

(a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months, or both, or

(b) on conviction on indictment, to a fine not exceeding€100,000 or to imprisonment for a term not exceeding 2 years, or both.

(6) (a) Where an offence undersubsection (1)(a),(b),(c),(d)or(e)orsection 10F(14)or12(5)or(6)has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person as well as the body corporate commits an offence and shall be liable to be proceeded against and punished as if he or she committed the first-mentioned offence.

(b) Where the affairs of a body corporate are managed by its members, paragraph (a) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.

(7) Summary proceedings for an offence undersubsection (1)(e)may be brought and prosecuted by the Workplace Relations Commission.]

15. Making protected disclosure not to constitute criminal offence

15. In a prosecution of a person for any offence prohibiting or restricting the disclosure of information it is a defence for the person to show that, at the time of the alleged offence, the disclosure was, or was reasonably believed by the person to be, a protected disclosure.

16. Protection of identity of maker of protected disclosure

F48[16.(1) A person to whom a report is made or transmitted under this Act (in this subsection referred to as "the first-mentioned person") shall not, without the explicit consent of the reporting person, disclose to another person, other than such persons (including members of staff designated undersection 6A,7A,10B,10C,10Dor10Efor the purposes therein stated) as the first-mentioned person reasonably considers may be necessary for the purposes of the receipt or transmission of, or follow-up on, reports as required under this Act, the identity of the reporting person or any information from which the identity of the reporting person may be directly or indirectly deduced.

(2)Subsection (1)shall not apply in the following cases:

(a) where the disclosure is a necessary and proportionate obligation imposed by Union law or the law of the State in the context of investigations or judicial proceedings, including with a view to safeguarding the rights of defence of the person concerned;

(b) where the person to whom the report was made or transmitted—

(i) shows that he or she took all reasonable steps to avoid disclosing the identity of the reporting person or any such information referred to insubsection (1), or

(ii) reasonably believes that disclosing the identity of the reporting person or any such information is necessary for the prevention of serious risk to the security of the State, public health, public safety or the environment;

(c) where the disclosure is otherwise required by law.

(3) (a) Where the identity of the reporting person or any other information referred to insubsection (1)is disclosed to another person in accordance withparagraph (a)or(b)(ii)ofsubsection (2), the reporting person shall be notified, in writing, before their identity or the information concerned is disclosed unless such notification would jeopardise—

(i) the effective investigation of the relevant wrongdoing concerned,

(ii) the prevention of serious risk to the security of the State, public health, public safety or the environment, or

(iii) the prevention of crime or the prosecution of a criminal offence.

(b) A notification underparagraph (a)shall include the reasons for the disclosure referred to in that paragraph.

(4) Where reports are made or transmitted to a prescribed person, the Commissioner or an other suitable person (within the meaning ofsection 10Cor10D, as the case may be) under this Act that include trade secrets (within the meaning of the European Union (Protection of Trade Secrets) Regulations 2018 (S.I. No. 188 of 2018)), the prescribed person, the Commissioner or such other suitable person shall not use or disclose those trade secrets for any purpose beyond what is necessary for proper follow-up of the disclosure concerned.

(5) A reporting person shall have a right of action in tort against a person who fails to comply withsubsection (1).]

16A. F49[Protection of identity of persons concerned

16A.(1) The identity of any person concerned shall be protected by a prescribed person or the Commissioner, as the case may be, to whom a report is made or transmitted, as the case may be, or by an other suitable person (within the meaning ofsection 10Cor10D) to whom a report is transmitted, under this Act, for as long as any investigation triggered by the report is ongoing.

(2)Subsection (1)shall not preclude the disclosure of the identity of any person concerned where the prescribed person, the Commissioner or the suitable person, as the case may be, reasonably considers that such disclosure is necessary for the purposes of this Act or where such disclosure is otherwise authorised or required by law, as the case may be.

(3)Sections 7A,10B,10C,10D,10E,16Band22shall, with any necessary modifications, apply to the protection of the identity of persons concerned as those provisions apply to the protection of the identity of reporting persons.]

16B. F50[Data protection

16B.(1) (a) The rights and obligations provided for in Articles 12 to 22 and Article 34, and Article 5 in so far as any of its provisions correspond to the rights and obligations in Articles 12 to 22, of the General Data Protection Regulation, and in Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016^6, are restricted in respect of relevant data—

(i) to the extent necessary and proportionate for the purposes of—

(I) safeguarding the important objectives of general public interest, and

(II) the protection of the data subject or the rights and freedoms of others,

and

(ii) to the extent, and as long as, necessary to prevent and address attempts to hinder reporting or to impede, frustrate or slow down follow-up, in particular investigations, or attempts to find out the identity of reporting persons.

(b) The important objectives of general public interest referred to inparagraph (a)are—

(i) those referred to insection 60(7) of theData Protection Act 2018, and

(ii) the effective operation of this Act and, in particular, the protections afforded by this Part.

(2) Without prejudice to the generality ofsubsection (1), a restriction of a right or obligation under that subsection shall be considered necessary and, as the case may be, proportionate for the purposes referred to inparagraph (a)ofsubsection (1)where the exercise of the right or compliance with the obligation may—

(a) necessitate the disclosure of information that might identify the reporting person where such disclosure would be contrary tosection 16, or

(b) prejudice the effective follow-up, including any investigation of the relevant wrongdoing concerned.

(3) Where a restriction of a right or obligation is applied by a relevant person in accordance withsubsection (1), the relevant person shall inform the data subject of such restriction, unless to do so would—

(a) necessitate the disclosure of information that might identify the reporting person where such disclosure of information would be contrary tosection 16,

(b) prejudice the effective follow-up, including any investigation, of the relevant wrongdoing concerned, or

(c) prejudice the achievement of any of the important objectives of general public interest set out insubsection (1)(b).

(4) Where a relevant person informs a data subject of a restriction in accordance withsubsection (3), the relevant person shall also inform the data subject of the possibility of lodging a complaint with the Data Protection Commission or of seeking judicial remedy in relation to such restriction.

(5) A relevant person shall ensure that relevant data in respect of which the relevant person is the controller is stored for no longer than is necessary for the fulfilment of the objective referred to insubsection (1)(b)(i).

(6) A relevant person shall implement technical and organisational measures to prevent the abuse or unlawful access to or transfer of relevant data in respect of which the relevant person is the controller, including but not limited to the following:

(a) the use of secure storage, passwords, encryption and other methods to ensure that the relevant data can only be accessed by persons authorised by the relevant person to access that data;

(b) the use of controls to ensure that the relevant data is only disclosed to persons authorised by the relevant person, or entitled or permitted by law, to receive that data;

(c) data minimisation, including the use of anonymisation and pseudonymisation, where appropriate.

(7) Any processing of personal data pursuant to this Act, including the exchange or transmission of personal data by prescribed persons, the Commissioner and any suitable persons, shall be carried out in accordance with applicable data protection law.

(8) Personal data which are manifestly not relevant for the handling of a specific report shall not be collected or, if accidentally collected, shall be deleted without undue delay.

(9) In this section—

"relevant data" means personal data, including special categories of personal data within the meaning of Article 9 of the General Data Protection Regulation and data relating to criminal convictions and offences within the meaning of Article 10 of the General Data Protection Regulation, processed for the purposes of this Act including receiving, dealing with or transmitting a report or follow-up on such a report;

"relevant person" means a person to whom a report is made under this Act or any person to whom a report is transmitted in the performance of the first-mentioned person’s functions under this Act.]

16C. F51[Record keeping

16C.(1) This section applies to a person to whom a report (including an anonymous report) is made or transmitted under this Act (in this section referred to as a "person to whom this section applies").

(2) Subject tosubsection (3), a person to whom this section applies shall keep a record of every report made or transmitted to the person under this Act.

(3) (a) A person to whom an anonymous report is made or transmitted under this Act shall make a record, in such form and manner as the person considers appropriate, of its receipt or transmission, as the case may be, and of such information relating to the report as that person considers necessary and appropriate for the purposes of the application of this Act should the reporting person be subsequently identified and penalised for having made the report.

(b) Records made underparagraph (a)shall be retained for no longer than is necessary and proportionate to comply with the provisions of this or any other enactment.

(4) Where a recorded telephone line or another recorded voice messaging system is used to make a report under this Act, subject to the consent of the reporting person, the person to whom this section applies may document the oral reporting in the form of—

(a) a recording of the conversation in a durable and retrievable form, or

(b) a complete and accurate transcript of the conversation prepared by the member of staff designated undersection 6A,7A,10B,10C,10Dor10Efor the purposes therein stated by the person to whom this section applies.

(5) Where an unrecorded telephone line or another unrecorded voice messaging system is used to make a report under this Act the person to whom this section applies may document the oral reporting in the form of accurate minutes of the conversation prepared in writing by the member of staff designated undersection 6A,7A,10B,10C,10Dor10Efor the purposes therein stated.

(6) Where a reporting person has disclosed his or her identity, and the person to whom this section applies has documented the reporting in the form of a transcript or minutes in accordance withsubsection (4)or(5), as the case may be, the person to whom this section applies shall offer the reporting person the opportunity to check, rectify and agree by way of signature the transcript or minutes.

(7) Where a reporting person requests a meeting in person with a member of staff designated undersection 6A,7A,10B,10C,10Dor10Efor the purposes therein stated—

(a) the person to whom this section applies shall ensure, subject to the consent of the reporting person, that complete and accurate records of the meeting are kept in a durable and retrievable form, and

(b) the person to whom this section applies may document the meeting in the form of—

(i) an audio recording of the conversation in a durable and retrievable form, or

(ii) accurate minutes of the meeting prepared by a member of staff so designated,

and where the reporting person has disclosed his or her identity, the person to whom this section applies shall offer that reporting person the opportunity to check, verify and agree the minutes of the meeting by signing them.

(8) Reports referred to insubsection (1), shall be retained for no longer than is necessary and proportionate to comply with the provisions of this or any other enactment.

(9)Section 16applies to records made and reports retained under this section.]

17. Law enforcement, etc.

17.(1) This section applies to a disclosure of relevant information, other than a disclosure of relevant information to which section 18 applies, that might reasonably be expected to facilitate the commission of an offence or to prejudice or impair—

(a) the prevention, detection or investigation of offences, the apprehension or prosecution of offenders or the effectiveness of lawful methods, systems, plans or procedures employed for any of those matters,

(b) the enforcement or administration of, or compliance with, any law,

(c) lawful methods, systems, plans or procedures employed for ensuring the safety of the public or the safety or security of persons or property,

(d) the fairness of proceedings before a court or tribunal,

(e) the security of a relevant institution, or

(f) the security of any system of communications of the Garda Síochána, the Defence Forces or a relevant institution.

(2) If a person has been prescribed in relation to the relevant information under section 7, the disclosure is not a protected disclosure unless—

(a) it is made in the manner specified in section 6(1)(a), 7 or 9, or

F52[(b) if it is taxpayer information (other than taxpayer information that relates to a breach referred to insubparagraph (ii)or(iii)ofparagraph (a)of the definition of "breach" insection 3), it is made in the manner specified in section 10 to the Comptroller and Auditor General, or]

(c) in any other case, it is made in the manner specified in section 10, the conditions in subsection (3) are met and it is made to a member of Dáil Éireann or Seanad Éireann.

(3) The conditions referred to in subsection (2)(c) are—

(a) that the person by whom the disclosure was made has made a disclosure of substantially the same relevant information in the manner specified in section 7,

(b) that a reasonable period for taking action in relation to that disclosure has passed, and

(c) that, having notified the person prescribed under section 7 in relation to the relevant information, the person by whom that disclosure was made reasonably believes that no action has been taken in relation to that disclosure or that any action so taken was inadequate.

(4) If no person has been prescribed under section 7 in relation to the relevant information, the disclosure is not a protected disclosure unless—

(a) it is made in the manner specified in section 6(1)(a) or 9, or

(b) it is made in the manner specified in section 10, the condition in subsection (5) is met and it is made to a member of Dáil Éireann or Seanad Éireann.

(5) The condition referred to in subsection (4)(b) is that the disclosure is to the effect that—

(a) an investigation undertaken for the purpose of the enforcement of any law, or anything done in the course of such an investigation, or

(b) anything done for the purpose of the prevention or detection of any offence, the apprehension of an offender or the prosecution of an offence, is not authorised by law or contravenes any law.

(6) Procedures established by Standing Orders of Dáil Éireann or Seanad Éireann may regulate how members of Dáil Éireann or Seanad Éireann are to deal with relevant information disclosed to them under subsection (2)(c) or (4)(b).

(7) In this section—

“relevant institution” means—

(a) a place to which the Prisons Acts 1826 to 2007 apply,

(b) a military prison or detention barrack within the meaning in each case of the Defence Act 1954,

(c) St. Patrick’s Institution,

(d) a children detention school within the meaning of section 3 of the Children Act 2001, or

(e) a remand centre designated under section 88 of the Children Act 2001;

“taxpayer information” has the same meaning as in section 851A of the Taxes Consolidation Act 1997.

18. Security, defence, international relations and intelligence

18.(1) This section applies to a disclosure of information if it might reasonably be expected—

(a) to affect adversely—

(i) the security of the State,

(ii) the defence of the State, or

(iii) the international relations of the State,

or

(b) to reveal, or lead to the revelation of, the identity of a person who has given information in confidence to a public body in relation to the enforcement or administration of the law or any other source of such information given in confidence.

(2) Without prejudice to the generality of subsection (1) this section applies to a disclosure of information—

(a) which was obtained or prepared for the purpose of intelligence in respect of the security or defence of the State,

(b) which relates to—

(i) the tactics, strategy or operations of the Defence Forces in or outside the State, or

(ii) the detection, prevention or suppression of activities calculated or tending to undermine the public order or the authority of the State (which expression has the same meaning as in section 2 of the Offences Against the State Act 1939),

(c) which consists of a communication between a Minister of the Government and a diplomatic mission or consular post in the State or a communication between the Government or a person acting on behalf of the Government and another government or a person acting on behalf of another government,

(d) which consists of a communication between a Minister of the Government and a diplomatic mission or consular post of the State,

(e) which was communicated in confidence to any person in or outside the State from any person in or outside the State, relates to a matter referred to in subsection (1) or to the protection of human rights and was expressed by the latter person to be confidential or to be communicated in confidence,

(f) which was communicated in confidence from, to or within an international organisation of states or a subsidiary organ of such an organisation or an institution or body of the European Union or relates to negotiations between the State and such an organisation, organ, institution or body or within or in relation to such an organisation, organ, institution or body, or

(g) which is contained in a record of an organisation, organ, institution or body referred to in paragraph (f) and the disclosure of which is prohibited by the organisation, organ, institution or body.

(3) A disclosure of information to which this section applies is not a protected disclosure unless—

(a) it is made in the manner specified in section 6(1)(a), 8 or 9, or

(b) it is made in the manner specified in section 10 to the Disclosures Recipient.

(4) There shall be an office of Disclosures Recipient and Schedule 3 shall have effect in relation to that office.

19. Amendments of Garda Síochána Act 2005

19.(1) The Garda Síochána Act 2005 is amended—

(a) by inserting the following section after section 102:

“Protected disclosures relating to the Garda Síochána

102A. (1) Where a disclosure relating to the Garda Síochána is disclosed to the Ombudsman Commission as a prescribed person under section 7 of the Protected Disclosures Act 2014 in respect of disclosures so relating, it may, if it appears to it desirable in the public interest to do so, investigate the disclosure, even if the worker (within the meaning of that Act) making the disclosure is a member of the Garda Síochána.

(2) The provisions of this Part relating to investigations and reports apply with the necessary modifications in relation to a relevant wrongdoing to which a disclosure referred to in subsection (1) relates as though it were the subject of a complaint referred to in section 91.”,

and

(b) by repealing section 124.

(2) The Garda Síochána (Confidential Reporting of Corruption or Malpractice) Regulations 2007 (S.I. No. 168 of 2007) are revoked.

20. Amendment of Ombudsman (Defence Forces) Act 2004

20. (1) Section 4 of the Ombudsman (Defence Forces) Act 2004 is amended by inserting the following subsection after subsection (3):

“(3A) If the complaint is that a person has penalised or threatened penalisation (within the meaning of the Protected Disclosures Act 2014) against, or caused or permitted any other person to penalise or threaten penalisation against, the complainant for having made a protected disclosure (within the meaning of that Act), the Ombudsman—

(a) is not prevented from investigating any action that is the subject of the complaint, and

(b) may not decide not to carry out, and may not decide to discontinue, an investigation into any such action,

because no complaint has been made under section 114 of the Act of 1954.”.

(2) The amendment made by subsection (1) does not affect any right to complain, under section 114 of the Defence Act 1954, that a person has penalised or threatened penalisation against, or caused or permitted any other person to penalise or threaten penalisation against, the complainant for having made a protected disclosure or to submit any grievance in relation to such a complaint in accordance with regulations under subsection (4) of the said section 114.

PART 5 Miscellaneous and Supplementary

21. F53[Guidance

21.(1) The Minister may issue guidance for the purpose of assisting—

(a) public bodies in the performance of their functions undersections 6and6A,

(b) prescribed persons in the performance of their functions undersections 7and7A,

(c) the Commissioner in the performance of his or her functions undersections 7,7A,10B,10Cand10D,

(d) other suitable persons (within the meaning ofsection 10Cor10D, as the case may be) to whom a report is transmitted by the Commissioner undersection 10C(1)(b)or10D(1)(b)(ii)in the performance of their functions undersection 10E, and

(e) Ministers of the Government in respect of the information required to be provided undersection 8(4),

and may from time to time revise or re-issue such guidance.

(2) Public bodies, prescribed persons, the Commissioner and other suitable persons (within the meaning aforesaid) shall have regard to any guidance issued undersubsection (1)in the performance of their functions under this Act.

(3) The Minister shall publish or cause to be published guidance issued undersubsection (1)in such form and manner, including on a website maintained by or on behalf of the Minister, as the Minister considers appropriate.]

21A. F54[Support measures

21A.(1) The Minister shall make available, or cause to be made available, in such a form and manner, as the Minister considers appropriate, that is easily accessible to the public and free of charge, including on a website maintained by or on behalf of the Minister, comprehensive and independent information and advice on—

(a) the making of a protected disclosure and related procedures,

(b) protection against penalisation,

(c) remedies available in respect of penalisation, and

(d) the rights of the person concerned,

under this Act.

(2) Prescribed persons, the Commissioner, or other suitable persons (within the meaning ofsection 10Cor10D, as the case may be), shall provide to the Workplace Relations Commission, the Labour Court or any court of competent jurisdiction such information as may be required by the body or court concerned for the purposes of making a determination, in any proceedings by a reporting person under this Act, as to whether the reporting person is entitled to the protections provided under this Act.]

22. Annual report

F55[22.(1) Each public body, prescribed person and the Commissioner shall, not later than 1 March in each year, provide the following information to the Minister in respect of the immediately preceding calendar year in a form which does not enable the identification of reporting persons or persons concerned:

(a) the number of reports made to the public body, prescribed person or Commissioner, as the case may be;

(b) in the case of the Commissioner, the number of reports transmitted to the Commissioner undersection 8;

(c) in the case of the Commissioner, the number of reports transmitted by the Commissioner undersection 10C(1)(b)or10D(1)(b)(ii)to an other suitable person (within the meaning ofsection 10Cor10D, as the case may be);

(d) the number of reports transmitted to the public body, prescribed person or Commissioner, as the case may be, undersections 7,10B,10Cand10D;

(e) in respect of each report referred to inparagraphs (a)to(d), whether the relevant wrongdoing concerned was a breach;

(f) the number of investigations and proceedings opened by the public body, prescribed person or Commissioner in relation to the relevant wrongdoings concerned as a result of the reports referred to inparagraphs (a)to(d);

(g) the number of investigations and proceedings opened, in the years preceding the year in respect of which the report is being made, by the public body, prescribed person or Commissioner in relation to the relevant wrongdoings concerned that remain open;

(h) the number of investigations and proceedings closed by the public body, prescribed person or Commissioner in relation to the relevant wrongdoings concerned as a result of the reports referred to inparagraphs (a)to(d);

(i) in respect of each closed investigation or proceedings referred to inparagraph (h), the outcome of the investigation or proceedings and the decision taken by the public body, prescribed person or Commissioner;

(j) where relevant and in so far as it can be ascertained, the estimated financial damage and the amounts recovered following any investigation and proceedings referred to inparagraph (h);

(k) such other information relating to the performance of the functions of public bodies, prescribed bodies or the Commissioner, as the case may be under this Act, as may be requested by the Minister.

(2) The information provided undersubsection (1)shall be in such format as the Minister may specify.

(3) The Minister shall submit to the Commission of the European Union, in aggregate form, the information provided to him or her undersubsection (1)in relation to the reports referred to inparagraph (e)of that subsection.

(4) The Minister shall publish, in aggregate form, the information provided to him or her undersubsection (1)on a website maintained by or on behalf of the Minister.

(5) Each public body, prescribed person and the Commissioner shall prepare and publish in such form and manner as the body, person or Commissioner, as the case may be, considers appropriate, including on a website maintained by or on behalf of the public body, prescribed person or Commissioner, as the case may be, not later than 31 March each year a report in respect of the immediately preceding calendar year containing—

(a) a statement confirming that the public body, prescribed person or Commissioner has in place either or both of the following:

(i) internal reporting channels and procedures;

(ii) there are external reporting channels and procedures,

and

(b) the information provided to the Minister undersubsection (1).

(6) Where a public body publishes a report of its activities in respect of any calendar year, the information referred to insubsection (5)may be included in the report.

(7) The Commissioner shall, not later than 1 March in each year, provide to the Minister in respect of the immediately preceding calendar year, in a form which does not enable the identification of reporting persons or persons concerned, information regarding the number of reports transmitted by the Commissioner to other persons undersections 10C(1)(b)and10D(1)(b).

(8) The Minister may request, in writing, from a public body or prescribed person or the Commissioner, as the case may be, such further information relating to the performance of the functions of the public body, prescribed body or Commissioner concerning the implementation of this Act as the Minister may reasonably require for the purposes of this section.

(9) (a) The Commissioner shall, as soon as practicable but not later than 6 months after the end of each year, cause a report on the performance of his or her functions under this Act (in this subsection referred to as the "annual report") to be laid before each House of the Oireachtas and may, from time to time, cause to be laid before each such House such other reports with respect to those functions as he or she thinks fit.

(b) Notwithstandingparagraph (a), if, but for this paragraph, the first annual report would relate to a period of less than 6 months, the first annual report shall relate to that period and to the year immediately following that period and shall be made as soon as practicable, but not later than 6 months after the end of that year.

(c) An annual report shall include information in such form and regarding such matters as the Commissioner thinks fit or as the Minister may direct.

(d) Nothing in this subsection shall be construed as requiring the Commissioner to include information the inclusion of which would, in the opinion of the Commissioner, be likely to prejudice the performance of his or her functions under this Act.]

23. No contracting-out of protections

23. Any provision in an agreement is void in so far as it purports—

(a) to prohibit or restrict the making of protected disclosures,

(b) to exclude or limit the operation of any provision of this Act,

(c) to preclude a person from bringing any proceedings under or by virtue of this Act, or

(d) to preclude a person from bringing proceedings for breach of contract in respect of anything done in consequence of the making of a protected disclosure.

24. Protection of disclosure provisions in other enactments

24.(1) The Acts specified in column (2) of Part 1 of Schedule 4 are amended to the extent specified in column (4) of that Schedule.

(2) The statutory instrument specified in column (2) of Part 2 of Schedule 4 is amended to the extent specified in column (4) of that Schedule.

25. F56[Interaction of Directive with other enactments

25.(1) This Act is without prejudice to any specific rules on the reporting of breaches as provided for in the sector-specific Union acts listed inPart IIof theAnnex.

(2) Specific rules on the reporting of breaches referred to insubsection (1)shall continue to apply without prejudice to, and are in addition to, the provisions of this Act in so far as those provisions relate to the reporting of breaches of the sector-specific Union Acts referred to insubsection (1).

(3) Nothing in this Act shall be construed to prevent or prejudice the exercise of any right or entitlement of a person under or relating to any of the specific rules on the reporting of breaches referred to insubsection (1).]

26. F57[Transitional provisions

26.The transitional provisions set out inSchedule 7shall have effect.]