Protected Disclosures (Amendment) Bill 2022: Report and Final Stages
Seanad Éireann — 2022-07-07
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Ossian Smyth (GP), Dún Laoghaire

The 2014 Act is silent on anonymous reporting. Accordingly, it allows recipients to exercise sound judgment in deciding how or whether to respond.
The whistleblowing directive sets out the position as regards anonymous reporting more explicitly. Article 6(3) provides that persons who report anonymously are entitled to the same protections that apply to reporting persons who do identify themselves. This is provided for in section 7 of the Bill. Article 6(4) provides that it is up to member states to decide if recipients should be required by law to accept and follow up on anonymous reports. In transposing this article, I have decided to preserve, as much as possible, the principle in the 2014 Act that allows recipients to exercise their own judgment as to how or whether to follow up. Nothing in this provision of the Bill prohibits workers from making anonymous reports. Indeed, section 19 of the Bill requires that recipients keep records of anonymous reports, whether or not they are accepted for follow up, in case of penalisation if the individual’s identity becomes known.
I do not see what amendment No. 5 adds to the legislation here. Regarding amendment No. 6, I did listen carefully to the Senator’s points but I believe this is already covered in the legislation. Section 6(a)(1)(g) requires that employers inform their workers that they can report to the commissioner or to a prescribed person. On that basis, I do not think that amendment is necessary either.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2022-07-07/debate/main
Retrieved: 2026-09-21T01:01:02+00:00
Sitting date: 2022-07-07