S.I. No. 375/2023 - European Union (Protection of Persons Who Report Breaches of Union Law) Regulations 2023
Notice of the making of this Statutory Instrument was published in | ||
“Iris Oifigiúil” of 21st July, 2023. | ||
I, PASCHAL DONOHUE, Minister for Public Expenditure, National Development Plan Delivery and Reform, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 20191 , hereby make the following regulations: | ||
1. These Regulations may be cited as the European Union (Protection of Persons Who Report Breaches of Union Law) Regulations 2023. | ||
2. These Regulations come into operation on 22 July 2023. | ||
3. In these Regulations – | ||
“Act of 2022” means the Protected Disclosures (Amendment) Act 2022 (No. 27 of 2022); | ||
“Principal Act” means the Protected Disclosures Act 2014 (No. 14 of 2014). | ||
4. Section 5 (amended by section 6 of the Act of 2022) of the Principal Act is amended, in subsection (1), by the insertion of “7B,” after “7,”. | ||
5. Section 5A (inserted by section 7 of the Act of 2022) of the Principal Act is amended, in subsection (2), by the insertion of “7B,” after “7,”. | ||
6. Section 6A (inserted by section 9 of the Act of 2022) of the Principal Act is amended, in subsection (1)(g)(iii), by the insertion of “in the manner specified in section 7B” after “European Union”. | ||
7. The Principal Act is amended by the insertion of the following section after section 7A (inserted by section 11 of the Act of 2022): | ||
“Disclosure to relevant institutions, bodies, offices or agencies of European Union | ||
7B. A disclosure is made in the manner specified in this section if the worker – | ||
(a) makes the disclosure to a relevant institution, body, office or agency of the European Union, and | ||
(b) has reasonable grounds to believe that the information on breaches reported was true at the time of reporting and that such information fell within the scope of the Directive.”. | ||
8. Section 10 (amended by section 13 of the Act of 2022) of the Principal Act is amended, in paragraph (c) – | ||
(a) in subparagraph (i), by the substitution of “as the case may be,” for “as the case may be, or”, | ||
(b) by the insertion of the following subparagraph after subparagraph (i): | ||
“(ia) has previously made a disclosure of substantially the same information in the manner specified in section 7B, or”, | ||
and | ||
(c) in subparagraph (ii)(II), by the insertion of “, 7B” after “7”. | ||
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GIVEN under my Official Seal, | ||
19 July, 2023. | ||
PASCHAL DONOHOE, | ||
Minister for Public Expenditure, National Development Plan Delivery and Reform. | ||
