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Irish Government Takes Steps to Protect Whistleblowers and Enforce Charities Act
New Law Aims to Provide Greater Protection for Those Who Report Wrongdoing or Malpractice
Dublin, Ireland - The Irish government has passed a new law, the Protected Disclosures (Amendment) Bill 2022, aimed at protecting whistleblowers who report wrongdoing or malpractice in the public interest. This bill transposes the EU Whistleblowing Directive into national legislation and provides greater protection for those who come forward.
Key Features of the New Legislation
- The personal scope of the Protected Disclosures Act is extended to volunteers, unpaid trainees, board members, shareholders, and job applicants.
- All private sector organizations with 50 or more employees must establish formal channels and procedures for their employees to make protected disclosures.
- A derogation has been put in place until December 2023 for organizations with between 50 and 249 employees.
- Acknowledgement of the receipt of a protected disclosure must be given within seven days.
- Diligent investigation into reported wrongdoing must be conducted promptly and thoroughly.
- The maximum amount of compensation that the Workplace Relations Commission may award to a worker not in receipt of remuneration from their employer is €15,000.
Shortcomings and Concerns
Some critics have expressed concerns about the limitations of the new law. For example:
- The bill provides for a financial cap on rewards, which could potentially discourage whistleblowers from coming forward.
- The maximum amount of compensation that can be awarded to a worker who is not in receipt of remuneration from their employer is €15,000.
Conclusion
The passing of the Protected Disclosures (Amendment) Bill 2022 is a significant step towards protecting whistleblowers and enforcing the Charities Act 2009. While there may be some shortcomings and concerns about the limitations of the new law, it brings Ireland in line with the new European standard and provides greater protection for those who report wrongdoing or malpractice in the public interest.
Resources
For more information on how to successfully implement a whistleblowing system in your organization, please see our guide at [link]. For more information on whistleblower laws and standards, please see our articles at [links].
Contact Us
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