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Protected disclosures - whistleblowing

A Protected Disclosure is defined in the Protected Disclosures Act 2014 as a disclosure of information which, in the reasonable belief of the worker, tend to show one or more 'relevant wrongdoings', which came to the attention of the worker in connection with the worker's employment and is disclosed in the manner prescribed in the Protected Disclosures Act 2014.

Internal Reporting of Protected Disclosures

The Protected Disclosures Act 2014 was introduced to allow workers to disclose information about wrongdoing in the workplace by making sure workers who speak up are protected from penalisation.  The Act also provided internal, external and regulatory ways to make a disclosure.

In 2019, the European Union adopted Directive 2019/1937 on the protections of persons who report breaches of Union Law and amendment to the existing legislation was required to implement the Directive's provisions.  Updated legislation was also require to take account of the GDPR and amended Freedom of Information legislation.  Consequently, the Protected Disclosures (Amendment) Act 2022 was signed into law on the 21st July 2022.

The primary purpose of the Protected Disclosures legislation is to promote and encourage the development of a positive workplace culture in which raising concerns regarding potential wrongdoing is valued and appropriate action is taken by public bodies in response to such disclosures.

Specifically the key objectives of the legislation are as follows:

  • To encourage workers to raise reasonable concerns regarding possible wrongdoing in the workplace so that these concerns can be addressed;
  • To underpin a working environment, the primary focus of which is on responding to the "message" (i.e. the report of wrongdoing) rather than on the "messenger" (i.e. the worker making the report).
  • To reinforce the legal requirement that public bodies should not penalise a worker who makes a protected disclosure;
  • To ensure that a competent and timely assessment and investigation of reports of wrongdoing takes place followed, where necessary, by an appropriate response.

Email address: protecteddisclosures@clarecoco.ie

Protected Disclosures Procedures Internal Reporting

External Reporting of Protected Disclosures

These procedures below outline the process for making a protected disclosure on wrongdoing, as defined in the protected disclosures legislation, to the Chief Executive, Clare County Council as a prescribed person, using external reporting channels.

Email address: protecteddisclosures@clarecoco.ie

Protected Disclosures Procedures External Reporting

Related Documents

Annual Report of Clare County Council as required under the Protected Disclosures Act 2014

Page last reviewed: 09/02/24

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Contact

Protected disclosures
Clare County Council