The Definitive Guide to Whistleblowing Law in Ireland: Navigating the Complexities of Protected Disclosures.
Whistleblowing is now considered to be among the most effective, if not the most
effective, means to expose and remedy corruption, fraud and other types of wrongdoing
in the public, private and non-profit sectors. Whistleblowers, or Bellringers as they
are known in the Netherlands, often face, however, severe personal and professional
repercussions including, for employees, dismissal.
The Protected Disclosures Act 2014 introduced a single overarching framework for
the protection of whistleblowers. In the decade since its enactment, there have been
significant decisions of the Labour Court and the Superior Courts, such as the Supreme
Court decision in Baranya v Rosderra Irish Meats Group.
More importantly, the European Commission, in April 2018, published a proposal
for a Directive on the protection of persons who report breaches of Union law, which was
then adopted as Parliament and Council Directive (EU) 2019/1937. The Directive was
transposed by the Protected Disclosures (Amendment) Act 2022 by expanding both the
material and personal scope of the 2014 Act and by requiring all public bodies, as well
as private sector employers with more than 50 employees, to establish formal channels
and procedures for the making and receiving of protected disclosures. The Office of the
Protected Disclosures Commissioner is also established.
This edition includes the full text of the amended 2014 Act, with each section fully
annotated by reference to relevant case law, books, journal articles and parliamentary
debates. It is intended to provide a comprehensive and up to date overview of a complex
and important area of law which, as the Commissioner indicated in his 2023 Annual
Report, is "not straightforward and thus is open to being misunderstood".
Contents include:
- Directive (EU) 2019/1937
- Protected Disclosures Act 2014, as amended
- WRC Code of Practice on Protected Disclosures
- Section 21 Statutory Guidance
About the Authors
Anthony Kerr is a Senior Counsel and an Adjunct Associate Professor in the UCD Sutherland School of Law.
Dr Lauren Kierans is a Lecturer-in-Law at School of Law and Criminology, Maynooth University; a Barrister, the founder of the Irish Whistleblowing Law Society, co-founder of the European Whistleblowing Institute, and an associate with Transparency International Ireland.
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