Whistleblower Protection Laws in Ireland Set to Strengthen Next Year: New Legislation Kicks In January 2023
In a significant step towards safeguarding employee rights, Minister for Public Expenditure and Reform Michael McGrath has signed the commencement order for the Protected Disclosures (Amendment) Act 2022. This new legislation will bring enhanced whistleblower protection laws into force on January 1, 2023.
New Requirements for Private-Sector Employers
From next year onwards, private-sector employers with 250 or more employees will be mandated to establish formal channels for workers to report concerns about wrongdoing in the workplace. These reporting channels will provide a safe and secure way for employees to speak out against unethical behavior.
Public Bodies Must Overhaul Protected-Disclosures Procedures
All public bodies will also be required to overhaul their protected-disclosures procedures by January 1, 2023, to comply with the new act. This will ensure that whistleblowers are provided with a consistent and effective process for reporting concerns across all sectors.
New Office of the Protected Disclosures Commissioner
A new Office of the Protected Disclosures Commissioner is set to commence operations on January 1, 2023. Ombudsman Ger Deering has been appointed as the first commissioner, who will be responsible for overseeing the implementation of the new legislation and providing guidance to employers.
Extended Protections for Excluded Groups
The amendments to the Protected Disclosures Act 2014 will provide greater certainty for workers who report wrongdoing that their disclosures will be properly followed up. The new legislation also extends protections to previously excluded groups, including:
- Volunteers
- Shareholders
- Board members
- Job applicants
Derogation for Small Employers
A derogation has been granted for employers with between 50 and 249 employees, which means they will have until December 17, 2023, to establish reporting channels.
Impact on Ireland’s EU Compliance
Ireland had been facing infringement procedures from the European Commission after missing a 2021 deadline for transposing an EU directive on whistleblower protection into national law. The new legislation is expected to provide a significant boost to whistleblower protection in Ireland, offering greater safeguards and confidence for employees who speak out against wrongdoing in the workplace.
Conclusion
The strengthened whistleblower protection laws in Ireland will provide a more effective and transparent framework for reporting concerns about wrongdoing in the workplace. With the new Office of the Protected Disclosures Commissioner and extended protections for previously excluded groups, employees can now report unethical behavior with greater confidence, knowing that their disclosures will be properly followed up.