Introduction

The Protected Disclosures Act 2014 and the Protected Disclosures (Amendment) Act 2022 (the “Act”) provide protections for those who raise concerns about wrongdoing in the workplace, often referred to as ‘whistleblower’ legislation.

The Protected Disclosures (Amendment) Act 2022 was signed into law on 21 July 2022 and will commence operation on 1 January 2023.

The Act provides a robust statutory framework within which workers can raise concerns about wrongdoing that has come to their attention in the workplace, in the knowledge that they can avail of significant employment and other protections if they are penalised or suffer any detriment for making a disclosure. Section 3 of the Act provides a definition of ‘worker’ and for the purposes of these procedures, it covers workers who are not PSA current or former staff or Board Members. Separate procedures are in place for staff and Board Members.

The Act requires every public body to establish and maintain procedures for the making of protected disclosures and how the disclosures should be dealt with. It also requires that public bodies provide certain written information annually relating to the protected disclosures made.

A full copy of the PSA procedures can be found here.

These procedures should be read in conjunction with:

  1. Protected Disclosures Act 2014
  2. Protected Disclosures (Amendment) Act 2022
  3. Protected Disclosures Act Statutory guidance for public bodies and prescribed persons
  4. Data Protection Act 2018
  5. General Data Protection Regulation (GDPR)
  6. Freedom of Information Act 2014

What is a Protected Disclosure?

A protected disclosure is a disclosure of information which, in the reasonable belief of a worker, tends to show one or more relevant wrongdoings; came to the attention of the worker in a work- related context; and is disclosed in the manner prescribed in the Act.

Who is a worker under the Act?

The Protected Disclosures Act 2014 (as amended by the Protected Disclosures (Amendment) Act 2022), “the Act”, sets out the definition of worker to include current and former employees, consultants, contractors, paid or unpaid trainees, work experience students, shareholders, volunteers, interns, part-time, full-time, casual workers, agency workers, persons engaged in recruitment or pre-contractual processes and Board members. This policy covers workers who are current or were former PSA licence holders and employees of PSA licence holders, as well any of those covered by the definition above. Separate procedures are in place for staff and Board Members.

PSA Policy Statement

The PSA’s Statement of Strategy 2023-2025 outlines our core values.

  • PARTNERSHIP: Work with our industry partners to support regulation;
  • EXCELLENCE: Excel in the provision of regulation and service delivery;
  • OPENNESS: Be fair, transparent and respectful;
  • PERFORMANCE: Operate and effective and efficient service with good governance;
  • COMMITMENT: Deliver an environment in which our staff can excel, our industry can prosper and the public is safe.

In line with our core values, the PSA and its Board is strongly committed to supporting a culture where all workers can safely speak up and report any concerns of wrongdoings.

This policy statement and procedures should:

  • be considered part of our overall approach to good corporate governance, ensuring that high standards are maintained and that a culture of speaking up encouraged.
  • seek to support and encourage all workers to raise concerns about wrongdoing in the workplace internally, at the earliest opportunity, so that these concerns can be examined following the principles of natural justice and addressed in a manner appropriate to the circumstances of the

Workers should feel comfortable raising concerns locally with their line manager or a more senior manager in the first instance.

It is recognised, however, that workers may feel uncomfortable raising a concern of a relevant wrongdoing locally. The following procedures outline how a worker can make a disclosure through the PSA’s external reporting channel. They further outline what is meant by a ‘relevant wrongdoing’, as well as how a worker’s identity will be protected and how they will be protected against penalisation for having made a disclosure in line with the Protected Disclosures Act.

All disclosures received will be taken seriously and carefully assessed, and a full investigation may be carried out, as appropriate. Any worker who makes a disclosure will be communicated with and will be entitled to feedback.

Free and independent supports are available to any worker considering making, or having made, a protected disclosure. Anyone can contact the free and confidential ‘Speak Up’ helpline (1800 844 866 or use the Secure Report Form, email, post or Signal app), which is operated by Transparency International Ireland. The ‘Speak Up’ helpline offers free information, advocacy support and advice to people looking to report wrongdoing, or to witnesses and victims of corruption or other wrongdoing. Legal advice is also made available for those who contact the free and confidential helpline. This is completely independent of the PSA.

PSA as a Prescribed Person (Section 7 of the Act)

The Protected Disclosures Act 2014 (Section 7(2)) Order 2014, (SI 339 0f 2014) states that the Chief Executive (CE) of the Private Security Authority has been prescribed as a recipient of protected disclosures in relation to “All matters related to the licensing and regulation of private security services under the Private Security Services Act 2004 (No. 12 of 2004), as amended 2021.

A reporting person may make a protected disclosure to a prescribed person if the reporting person reasonably believes that the relevant wrongdoing falls within the description of matters in respect of which the CE of the PSA is prescribed (as set out in SI 339 of 2014). However, the Act also provides an additional requirement in this case in that the reporting person must reasonably believe that the information disclosed, and any allegation contained in it, are substantially true.

 What is a relevant wrongdoing?

“Relevant wrongdoings” is defined in the Act as one or more of the following:

  • an offence has been, is being or is likely to be committed;
  • a person has failed, is failing or is likely to fail to comply with any legal obligation, other than one arising under the worker’s contract of employment or other contract whereby the worker undertakes to do or perform personally any work or services;
  • a miscarriage of justice has occurred, is occurring or is likely to occur;
  • the health or safety of any individual has been, is being or is likely to be endangered;
  • the environment has been, is being or is likely to be damaged;
  • that an unlawful or otherwise improper use of funds or resources of a public body, or of other public money, has occurred, is occurring or is likely to occur;
  • an act or omission by or on behalf of a public body is oppressive, discriminatory or grossly negligent or constitutes gross mismanagement;
  • a breach of specified EU law set out in EU Directive 2019/1937 on the protection of persons who report breaches of European Union law (the Directive) has occurred, is occurring or is likely to occur; or
  • information tending to show any matter falling within any of the preceding paragraphs has been, is being or is likely to be concealed or

It is immaterial whether a relevant wrongdoing occurred, occurs or would occur in Ireland or elsewhere and whether the law applying to it is that of Ireland or that of any other country or territory.

Procedures for making a disclosure

It is important that a worker makes a protected disclosure in a manner prescribed by the Act to gain the protection afforded.

The PSA designated person for non-employee disclosures is the Head of Corporate Affairs. Reports to the designated person should be made to [email protected] or by telephone to +353 62 32604.

The phone number provided has voicemail set up and, if necessary, the report can be made by leaving a message containing details of the alleged wrongful act or by requesting a call back by the designated person to whom the report can then be made. Where disclosures are made by way of anonymous message it may be difficult for the designated person to conduct an effective investigation and it is strongly recommended that disclosers provide contact details to allow effective investigation of the wrongdoing alleged. Where a recorded telephone message is made, a transcript of the report will be kept.

When making a disclosure, the worker should disclose the information that they have, based on a reasonable belief that it discloses a wrongdoing and, in the case of a report to the PSA as a prescribed person, on the basis of a reasonable belief that the information disclosed, and any allegation contained in it, are substantially true.

It is advisable that workers seek advice where they are unsure as to whether or not their report will qualify for protection under the Act. Details of support available are set out at Section 23 of this document. Workers can also seek advice from their own legal advisers.

Persons making a protected disclosure should frame it in terms of information that has come to their attention rather than seeking to draw conclusions about particular individuals or specific offences.

Once a protected disclosure has been made in accordance with the Act, it is not possible for a reporting person to withdraw the disclosure.

Annual Reports

The Protected Disclosures Act 2014 requires public bodies to publish an annual report setting out the number of protected disclosures made in the previous year, and the actions that were taken. The Authority’s reports are available here.

Protected Disclosure Annual Reports – Private Security Authority

The PSA provides the details on protected disclosures in our annual reports which can be viewed here. None of the information provided in the PSA annual report of protected disclosures will be provided in a form that enables the identification of the persons involved.