Ireland Labor: Whistleblowing & Protected Disclosures – Important Update

The Department of Public Expenditure and Reform (“the Department”) recently published a report on its statutory review of the Protected Disclosures Act 2014, as provided by section 2 of the 2014 Act. A copy of the report can be viewed here.

Our team in Ireland assisted the Department with the Public Consultation Paper published last year providing an overview of the Act, setting out key issues for consultation and inviting submissions from interested parties.

The report provides a very significant review of the 2014 Act and contains useful information for anyone interested in the area, for example:

Section 3 deals with recent developments in other European countries and how they compare with the Irish approach;

Section 4.1 provides statistics on disclosures received by public bodies;

Section 4.3 provides statistics on complaints received by the WRC (“Workplace Relations Commission”);

Section 4.4 discusses notable determinations of the WRC, Labour Court and Circuit Court; and

Section 5 discusses the key thematic issues raised in submissions from interested parties. A number of issues that come up regularly in practice are discussed, such as the difference between personal grievances and protected disclosures, confidentiality issues, the breadth of the categories of wrongdoing including the health and safety category, interaction between the 2014 Act and sectoral protections and the definition of a worker.

Section 6 of the report concludes that amendment of the 2014 Act is not recommended at this juncture, with the exception of the amendment introduced in June this year by the European Union (Protection of Trade Secrets) Regulations 2018, transposing the EU Trade Secrets Directive. Regulation 7 amends the 2014 Act to provide that where the disclosure made concerns the unlawful acquisition, use or disclosure of a trade secret as defined in the Directive the worker must have acted for the purpose of protecting the general public interest to be protected by the 2014 Act. A link to the Regulations can be viewed here.

The report also suggests a number of other changes by way of statutory instruments: for example, enlarging the list of prescribed persons and providing guidance to improve the consistency of reporting by public bodies.

The report also notes that amendment to the 2014 Act is likely to be required in due course to transpose an EU Directive on whistleblowing, once the negotiation process has been completed. A link to the proposal for the EU Directive can be viewed here.

Finally, the report notes that the report of the Charleton Tribunal (when it issues) may also have implications for, and lead to amendment of, the 2014 Act.

By ByrneWallace, Ireland, a Transatlantic Law International affiliated firm.  

For further information, please contact Emmet Whelan at irelandlabor@transatlanticlaw.com

Disclaimer: Transatlantic Law International Limited is a UK registered limited liability company providing international business and legal solutions through its own resources and the expertise of over 105 affiliated independent law firms in over 95 countries worldwide. This article is for background information only and provided in the context of the applicable law when published and does not constitute legal advice and cannot be relied on as such for any matter. Legal advice may be provided subject to the retention of Transatlantic Law International Limited’s services and its governing terms and conditions of service. Transatlantic Law International Limited, based at 42 Brook Street, London W1K 5DB, United Kingdom, is registered with Companies House, Reg Nr. 361484, with its registered address at 83 Cambridge Street, London SW1V 4PS, United Kingdom.