As well as transposing the EU Whistleblowing Directive, the Protected Disclosures (Amendment) Bill 2022 substantially extends the scope of protection and provides greater clarity for both whistleblowers and employers. The process of establishing formal reporting channels at companies will be monitored and enforced by the Inspectorate of the Workplace Relations Commission. It is important to note that all public sector organisations, regardless of size, were already required to have formal protected disclosure procedures in place under the 2014 Act. Some of the key details of the new legislation are as follows:
• The personal scope of the Protected Disclosures Act is extended to volunteers, unpaid trainees, board members, shareholders and job applicants
• All private sector organisations with 50 or more employees must establish formal channels and procedures for their employees to make protected disclosures
• A derogation for the above requirement will be put in place until 17th December 2023 for organisations with between 50 and 249 employees
• Acknowledgement of the receipt of the protected disclosure must be given within 7 days
• Diligent follow-up must be conducted regarding the information disclosed
• Feedback on the actions taken must be provided to the whistleblower within 3 months
• Unauthorised disclosure of the identity of a whistleblower will be a criminal offence
• New offenses will be created for employers who fail to establish internal whistleblowing channels
• Penalising reporting persons, hindering a person from making a report or taking vexatious proceedings against whistleblowers will also be considered offences
• A new Office of the Protected Disclosures Commissioner will be established to support the new measures
• The Commissioner will take on responsibility for transmitting all protected disclosures sent to government ministers to the most appropriate authority
In relation to broadening the scope of the existing law, the new legislation will extend protection for board members, shareholders, volunteers, unpaid trainees, and job applicants who make a protected disclosure. The burden of proof for penalisation will also be reversed, meaning the employer will have to prove that any alleged penalisation was not a direct result of the employee making a complaint.