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Minister Howlin secures Government Agreement to amendment of Protected Disclosures Bill to encompass An Garda Síochána
The Government today, 6 May 2014, decided that members of An Garda Síochána should have full access to the framework to safeguard whistleblowers established by the Protected Disclosures Bill.
On enactment of the Bill, members of the Force will have the same rights as any other worker including the right to access the Rights Commissioner Service and the Labour Court for any claim for redress for having been penalised for having made a protected disclosure.
This change builds on that earlier secured by the Minister on 24 February 2014, which allowed members of An Garda Síochána to make protected disclosures to the Garda Síochána Ombudsman Commission.
The result of these amendments which will be introduced at Committee Stage on the Bill in the Dáil later this month will be the full mainstreaming of the members of An Garda Síochána under the framework established by the Protected Disclosures Bill, including the abolition of the current confidential recipient system for Garda whistleblowers.
Notes for Editors
Section 124 of the Garda Síochána Act 2005 allows for the Minister for Justice to make Regulations relating to Garda whistleblowing which underpin the current Confidential Recipient regime.
The Protected Disclosures Bill as it currently stands provides for the making by the Minister for Justice of regulations relating to the making of protected by members of An Garda Síochána and for the subsequent securing of redress for members following a penalisation (i.e. the introduction of a new section 124A of the Garda Síochána Act, 2005).
The decision made by the Government today will allow for the repeal Section 124 of the 2005 Act through amendments to the Protected Disclosures Bill to be introduced at Committee Stage in the Dáil and for the mainstreaming of members of An Garda Síochána for the purposes of making protected disclosures. The separate and unique arrangements applicable to An Garda Síochána under the Garda Síochána Act of 2005 will no longer apply upon enactment of the Bill and members will, at that stage, report in a similar manner to and have the same protections as every other worker. Section 19 of the Protected Disclosures Bill as it currently stands will no longer therefore be necessary.