Irish whistleblowing law has undergone a significant transformation with the Protected Disclosures (Amendment) Act 2022, which took effect on January 1, 2023. These reforms have improved protections for whistle blowers and aim to increase transparency and accountability across both the public and private sectors.
These changes have also led to substantial real-world impacts. In this article, Setanta Solicitors breaks down key developments through case studies and recent reports, highlighting how the strengthened whistle blower protections are shaping workplaces and regulatory enforcement in Ireland. We’ll also examine what these changes mean for both employers and employees, whether they are handling whistleblowing claims or considering making a disclosure themselves.
The Evolution of Irish Whistle Blower Protection Framework
Background
Ireland created its first proper whistle blower protection framework with the Protected Disclosures Act 2014. This legislation aimed to encourage and protect those who speak up about potential wrongdoing in their workplace. There was then further development with the introduction of the Protected Disclosures (Amendment) Act 2022, which transposed to the EU Directive (EU) 2019/1937 into Irish law. This further improved the protections available to whistle blowers and created new obligations for employers.
Key Changes in the 2022 Amendment Act
Introduction of the Office of the Protected Disclosures Commissioner
A key reform introduced by the 2022 Act was the creation of the Office of the Protected Disclosures Commissioner (OPDC). This new body plays a vital role in ensuring that protected disclosures are directed to the appropriate regulatory authority or the most competent entity to take action. This was part of a larger effort to improve the efficiency and effectiveness of whistle blower protections.Expanded Definition of “Worker”
The 2022 Amendment Act expands who qualifies for whistle blower protection. While the 2014 Act already defined “worker” broadly to include employees, contractors, and agency staff, the 2022 Act expanded this further to encompass:- Trainees and volunteers
- Shareholders
- Individuals who acquire information on wrongdoing during recruitment processes
- Board members and those in administrative or management positions
- Former workers
Relevant Wrongdoings
Under the legislation, a “relevant wrongdoing” that can be the subject of a protected disclosure includes:- Criminal offenses
- Failures to comply with legal obligations
- Miscarriages of justice
- Endangerment of health and safety
- Environmental damage
- Unlawful or improper use of public funds
- Acts of oppression, discrimination, or gross negligence
- Concealment of any of the above
Clarifying Personal Grievances vs. Whistleblowing
One notable refinement in the 2022 Act was increased clarity regarding the distinction between protected disclosures and personal grievances. Although the 2014 Act had excluded personal grievances from the scope of protected disclosures, this exclusion had faced criticism from the Supreme Court in Baranya v Rosderra Irish Meats Group Ltd for lacking clarity. In particular, grievances raised in the workplace regarding contractual claims were expressly exempted from the 2014 Act, but crucially this did not extend to cover matters of personal health. Per Charleton J’s judgement, this led to the protections of the Act being ‘routinely applied to those involved in simple disputes in the workplace which have no public involvement and which may not even extend to the revelation of issues whereby others working on the same task may be better protected.’
In response to this call for clarification, the 2022 Act explicitly excludes matters relating exclusively to interpersonal conflicts between a reporting person and another worker, as well as complaints by a reporting person exclusively concerning themselves in relation to their employer. Such matters are directed toward standard grievance procedures rather than protected disclosure channels.
This distinction is important but still requires careful judgment, as if a complaint potentially affects others beyond the reporting person, it may still qualify as a protected disclosure.
The Impact of Irish Whistleblowers Law Changes in Ireland
1. Increased Use of Whistleblowing Channels across the Public Sector
Public bodies received 1,162 protected disclosures in 2023 under the updated law, according to the Department of Public Expenditure’s January 2025 report. This volume of reports suggests high levels of awareness and use of whistleblowing mechanisms across Ireland’s public sector.
2. Significant Financial Recoveries
One of the most striking findings was the recovery of €3.7 million for the government in 2023 due to whistle blower reports. This sum stemmed from a single investigation within the HSE, underscoring the financial benefits of effective whistleblowing mechanisms in uncovering mismanagement, fraud, or regulatory breaches.
3. High Rate of Actionable Reports in the Public Sector
Out of 1,162 reports, against public bodies, 734 required further follow-up, and 161 progressed to formal investigations or proceedings. These figures suggest that a significant portion of disclosures contain credible allegations that warrant regulatory intervention.
4. Preference for External Reporting
Another key takeaway is that most whistle blowers within the public sector prefer external reporting channels. While only 173 reports were made internally to public bodies, 989 were submitted externally to government ministers, senior officials, prescribed persons, or handled by the OPDC. This trend raises concerns about trust in internal reporting mechanisms and suggests that many whistle blowers may fear retaliation or lack confidence in their employer’s response.
5. Sectoral Trends in Whistleblowing Reports in the Public Sector
The distribution of reports varied significantly across regulatory bodies:
- Health Information and Quality Authority (HIQA): 373 reports
- Food Safety Authority of Ireland (FSAI): 89 reports
- Central Bank of Ireland: 68 reports
These figures indicate heightened whistleblowing activity in sectors with stringent regulatory oversight, particularly in healthcare, food safety, and financial services.
6. Rising Legal Cases and Complaints, across all sectors
The Workplace Relations Commission (WRC) reported a 201% increase in whistleblowing complaints in 2023, with 301 cases compared to just 96 in 2022. This rise suggests greater awareness of legal protections and a potential increase in workplace issues being reported.
Practical Implications for Organisations
1. Strengthening Internal Reporting Mechanisms
Given the strong preference for external reporting, organisations should evaluate their internal whistleblowing channels and address possible barriers to their use. Key strategies could include:- Conducting anonymous employee surveys to assess confidence in internal reporting
- Strengthening anti-retaliation measures
- Communicating whistleblowing protections clearly to staff
2. Sector-Specific Vigilance
Organizations in highly regulated sectors (such as healthcare, finance, and food safety) must be particularly diligent in ensuring their whistleblowing procedures meet compliance requirements and encourage safe reporting.3. Fostering a Speak-Up Culture
To encourage internal reporting and reduce reliance on external channels, organizations should:- Provide regular whistle blower training sessions
- Ensure senior leadership openly supports speaking up
- Monitor and address any trends in retaliatory behaviour
- Communicate the outcomes of investigations to demonstrate reports are taken seriously
Potential Challenges and Concerns for Whistle blowers
1. Uncertainty Around the Grievance v. Protected Disclosure Distinction
In some cases it may still be difficult for whistleblowers to predict whether their complaint will be found to be a protected disclosure or dismissed as a personal grievance, even after the clarifications made in the 2022 Act. This lack of clarity could deter individuals from coming forward with genuine concerns.2. Compensation Caps for Whistle blowers
Whistle blowers facing retaliation can be awarded compensation up to five years’ pay for employees or €15,000 for non-employees. Critics such as Lauren Keirans argue that this cap is inadequate given the career risks involved in whistleblowing.Conclusion
In summary, Ireland’s strengthened whistle blower protection framework represents a major step forward in promoting transparency and accountability.
However, the impact of the changes remains to be seen and navigating the changing legal landscape remains challenging for both employees and employers. For expert guidance on whistle blower law compliance, workplace policies, or legal representation, contact Setanta Solicitors today and our team will provide the legal support you need.
