Written by: Síobhra Rush, Laura Ensor, Lewis Silkin Ireland
The rules that protect whistleblowers in Ireland have been adapted to implement the EU Whistleblowing Directive in full. What has changed?
Background
In 2014, the Protected Disclosures Act 2014 (the 2014 Act) was introduced to protect whistleblowers from dismissal or penalisation. In 2019, the EU Whistleblower Directive was published (see here for detail on its implementation status across the EU).
The Protected Disclosures (Amendment) Act (the 2022 Act), which was recently signed into law, introduces the changes needed to align Irish law with the Directive. It is not yet in effect but the final steps to implement it are expected now that the Irish parliament, the Dáil, has resumed sitting after the summer recess. This article outlines in brief some of the key changes; for a full guide to the new rules, see here.
Who is protected?
The 2022 Act extends protection beyond the previously covered categories of employees, consultants, contractors, agency workers and individuals on work experience. It now also covers shareholders, volunteers, members of the administrative, management or supervisory body of an undertaking (e.g., non-executive directors) and applicants for employment.
What is a ‘protected disclosure’?
The 2014 Act included a long list of matters about which a whistleblower could make a report and receive protection (‘protected disclosure’). These include suspicion of a criminal offence, a miscarriage of...
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