Whistleblower Protection Laws Get Major Overhaul in Ireland
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The Irish government has passed landmark legislation aimed at strengthening whistleblower protection laws, bringing Ireland in line with European Union directives.
Expanded Protections
The new law expands protections to a broader range of individuals, including:
- Volunteers
- Shareholders
- Board members
- Job applicants
Private sector companies with 50 or more employees will be required to establish formal channels for whistleblowers to report concerns anonymously. This is currently mandatory for public sector organizations.
New Requirements for Employers
Employers will also be required to:
- Acknowledge all reports received
- Follow up on reports and provide feedback
- Provide a clear process for reporting concerns anonymously
Office of the Protected Disclosures Commissioner
A new Office of the Protected Disclosures Commissioner will be established in the Office of the Ombudsman to support the operation of the legislation. The commissioner will:
- Direct whistleblowers’ concerns to the most appropriate body when it is unclear which organization is responsible
- Provide guidance and support to individuals and organizations
Strengthened Protections for Workers
The new law includes strengthened protections for workers, including:
- Reversing the burden of proof in civil proceedings
- Expanding interim relief measures
- Introducing criminal penalties for acts of retaliation against whistleblowers
Minister’s Comments
According to Minister for Public Expenditure & Reform Michael McGrath, the new law “strengthens whistleblower protections and extends the application of the Protected Disclosures regime to new groups of people across Irish society.” He noted that the legislation fulfills a commitment in the Programme for Government to update and reform the Protected Disclosures Act.
Next Steps
The new Office of the Protected Disclosures Commissioner is expected to commence operations later this year, with updated statutory guidance issued by the Minister. Further information on the new law will be available on the Department’s website to raise awareness of the requirements and support individuals, businesses, and public bodies in understanding their rights and obligations under the new framework.
Stay informed about the latest updates on whistleblower protection laws in Ireland by visiting the Department’s website.