The much-anticipated Protected Disclosures (Amendment) Bill 2022 ("Bill") has finally been published.
The purpose of the Bill is to implement Directive (EU) 2019/1937 of the European Parliament and of the Council on the protection of persons who report breaches of Union law ("Whistleblowing Directive") and to amend existing legislation on protected disclosures in Ireland, including the Protected Disclosures Act 2014 ("2014 Act").
The Whistleblowing Directive necessitates substantial changes to the 2014 Act. These changes are contained within the Bill, including the enhancement of obligations to reporting persons and increased protection from penalisation.
The deadline for Ireland to implement the Whistleblowing Directive by 17 December 2021 has long passed. The Bill provides for commencement of the legislation on a day or days as shall be appointed by the Minister, so parts of the Bill may be introduced in phases. The Minister for Public Expenditure and Reform ("Minister") previously indicated that the Bill will not be enacted until the end of Q1 2022.
The following employers will be required to establish reporting channels within their organisation for workers who wish to report breaches of EU law from the date of commencement of the relevant sections of the Bill:
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