Protected Disclosures (Amendment) Act 2022

Chapter 3

Office of the Protected Disclosures Commissioner

Office of the Protected Disclosures Commissioner

14. The Principal Act is amended by the insertion of the following Part after section 10:

“PART 2A

Office of the Protected Disclosures Commissioner

Establishment of Office of the Protected Disclosures Commissioner

10A. (1) There is hereby established an office to be known, in the Irish language, as Oifig an Choimisinéara um Nochtadh Cosanta and, in the English language, as the Office of the Protected Disclosures Commissioner and the holder of the office shall be known as the Protected Disclosures Commissioner (in this Act referred to as the ‘Commissioner’).

(2) The holder of the office of Commissioner shall be the person who, for the time being, holds the office of Ombudsman.

(3) The Commissioner shall be a corporation sole with perpetual succession and an official seal and with power—

(a) to sue and be sued, and

(b) with the consent of the Minister and the Minister for Finance, to acquire, hold and dispose of land or an interest in land, and to acquire, hold and dispose of any other property.

(4) The Commissioner shall be independent in the performance of his or her functions.

(5) The Commissioner shall have all such powers as are necessary or expedient for, or incidental to, the performance of his or her functions under this Act.

(6) Subject to this section, Schedule 5 shall have effect in relation to the Commissioner.

(7) The Commissioner shall perform the functions conferred on him or her by or under this Act or any other Act.

(8) The Commissioner shall provide such administrative and support services to the Disclosures Recipient, appointed under Schedule 3 pursuant to section 18, as are necessary for the performance of the functions of the Disclosures Recipient.

Provisions applying to reports made to Commissioner in the manner specified in section 7

10B. (1) The Commissioner shall ensure that the external reporting channels and procedures for making reports to the Commissioner in the manner specified in section 7 meet the following criteria if they are to be considered to be independent and autonomous:

(a) they are designed, established and operated in a manner that ensures the completeness, integrity and confidentiality of the information concerned and prevents access thereto by persons other than designated persons and any other members of staff duly authorised in that behalf;

(b) they enable the durable storage of information in accordance with section 16C to allow further investigations to be carried out.

(2) External reporting channels and procedures shall enable reports to be made to the Commissioner in the manner specified in section 7—

(a) in writing and orally, and

(b) in the case of a report made orally, by telephone or through other voice messaging systems and, upon request by the reporting person, by means of a physical meeting, with the Commissioner or a designated person, as the case may be, within a reasonable period from the making of the request.

(3) The Commissioner shall acknowledge, in writing, to the reporting person, receipt of a report made to the Commissioner not more than 7 days after receipt of it, save where the reporting person explicitly requested otherwise or the Commissioner reasonably believes that acknowledging receipt of the report would jeopardise the protection of the identity of the reporting person.

(4) The Commissioner shall ensure that where a report is received by the Commissioner through channels and procedures other than those provided for in subsections (1) and (2) or is received by a member of staff other than a designated person—

(a) it shall be forwarded promptly and without modification to the designated person, and

(b) any information that might identify the reporting person or the person concerned shall not be disclosed by such member of staff.

(5) The Commissioner shall designate one or more than one member of staff (in this section referred to as a ‘designated person’) to be responsible for handling reports and, in particular, for providing any person with information on the procedures for making a report in the manner specified in section 7.

(6) The Commissioner shall ensure that designated persons receive specific training for the purposes of handling reports.

(7) The Commissioner shall publish on a website maintained by or on behalf of the Commissioner in a separate, easily identifiable and accessible section at least the following information:

(a) the conditions for qualifying for protection under this Act;

(b) the contact details of the Commissioner for the purpose of making reports to the Commissioner in the manner specified in section 7, in particular the electronic and postal addresses and the telephone numbers for making such reports, indicating whether the telephone conversations are recorded;

(c) the procedures applicable to the making of reports using the external reporting channels and procedures, including the manner in which the Commissioner may request the reporting person to clarify the information reported or to provide additional information, the period for providing feedback (including further feedback) and the type and content of such feedback;

(d) the confidentiality regime applicable to reports and, in particular, the information in relation to the processing of personal data in accordance with section 16B and under applicable data protection law;

(e) the nature of the follow-up to be given in relation to reports;

(f) the remedies and procedures for protection against penalisation and the availability of advice pursuant to Article 20.1(a) of the Directive for persons contemplating making a report;

(g) a statement clearly explaining the conditions under which persons making a report using the external channels and procedures are protected from incurring liability for a breach of confidentiality pursuant to sections 14 and 15;

(h) contact details for the support services provided under section 21A;

(i) such other information as the Minister may specify in guidance under section 21.

(8) (a) The Commissioner shall review the external reporting channels and procedures regularly but at least once within 3 years after the date of first publication of information under subsection (7) and at least once in every period of 3 years after the first such review.

(b) In reviewing the external reporting channels and procedures, the Commissioner shall take account of their operation and may consult with prescribed persons in relation to the operation of external channels and procedures established, maintained and operated for the purposes of enabling the making of reports to prescribed persons in the manner specified in section 7 and adapt the external channels and procedures accordingly as the Commissioner considers necessary and appropriate.

(9) A reporting person shall, in respect of the report concerned and any follow-up procedures, without prejudice to his or her rights under this Act and to such extent as may reasonably and lawfully be required for the purposes of this Act, cooperate with the Commissioner in relation to the performance by the Commissioner of the functions conferred on the Commissioner by or under this Act.

Commissioner to act as recipient of last resort in respect of certain reports

10C. (1) Subject to subsection (3), the Commissioner shall, within 14 days of receipt of a report made or transmitted to the Commissioner (other than reports transmitted to the Commissioner in the manner specified in section 8), or, in exceptional circumstances, due to the nature and complexity of such report, within such extended period as the Commissioner considers reasonable in those circumstances—

(a) identify—

(i) such prescribed person or persons (other than the Commissioner) as the Commissioner considers appropriate, or

(ii) an other suitable person other than a prescribed person (in this section referred to as an ‘other suitable person’) who, in the opinion of the Commissioner, appears, by reason of the nature of such person’s responsibilities or functions, to be appropriate to be the recipient of the report, and to have the competence to provide feedback and follow-up and protect the identity of the reporting person and persons concerned in accordance with sections 16 and 16A, where—

(I) there is no prescribed person whom the Commissioner considers appropriate to be the recipient of the report, or

(II) having regard to the nature of the relevant wrongdoing concerned or the circumstances of the report, the Commissioner is of the opinion that the report should not be transmitted to a prescribed person because to do so would create a risk of serious penalisation against the reporting person or that evidence of the relevant wrongdoing would be concealed or destroyed,

and

(b) transmit the report to such prescribed person or other suitable person, as the case may be.

(2) The Commissioner shall notify the reporting person, in writing, as soon as practicable, of the transmission of the report under subsection (1) and the reasons for the transmission.

(3) Where the period specified in subsection (1) is extended as provided for by that subsection, the Commissioner shall notify the reporting person, in writing, as soon as practicable, of the extension or any further extension, as the case may be, and the reasons for that extension or further extension.

(4) When transmitting a report to an other suitable person under subsection (1), the Commissioner shall inform such person, in writing, of the obligations imposed on the person by this Act.

(5) Where a prescribed person or other suitable person cannot be identified under subsection (1), the Commissioner shall accept the report and notify the reporting person accordingly and of the reasons for accepting the report, in writing, as soon as practicable.

(6) The Commissioner shall establish procedures for handling reports accepted under subsection (5) and for follow-up.

(7) The procedures referred to in subsection (6) shall include the following:

(a) diligent follow-up, which shall include at least the following:

(i) the carrying out of an initial assessment, including seeking further information from the reporting person if required, as to whether there is prima facie evidence that a relevant wrongdoing may have occurred;

(ii) if, having carried out an initial assessment, the Commissioner decides that there is no prima facie evidence that a relevant wrongdoing may have occurred—

(I) closure of the procedure, and

(II) notification of the reporting person, in writing, as soon as practicable of the decision and the reasons for it;

(iii) if, having carried out an initial assessment, the Commissioner decides that there is prima facie evidence that a relevant wrongdoing may have occurred, but that the relevant wrongdoing is clearly minor and does not require further follow-up—

(I) closure of the procedure, and

(II) notification of the reporting person, in writing, as soon as practicable of the decision and the reasons for it;

(iv) having carried out an initial assessment—

(I) closure of the procedure in the case of repetitive reports where the Commissioner decides that the report does not contain any meaningful new information about a relevant wrongdoing compared to a previous report (including any report made before the commencement of section 14 of the Protected Disclosures (Amendment) Act 2022 (in this clause referred to as a ‘past report’)) made or transmitted to the Commissioner or any other person in respect of which the relevant procedures (including any procedures that applied at the time any past report was made) were concluded, unless new legal or factual circumstances justify a different follow-up, and

(II) notification of the reporting person, in writing, as soon as practicable of the decision referred to in clause (I) and the reasons for it;

(v) if, having carried out an initial assessment, the Commissioner decides that there is prima facie evidence that a relevant wrongdoing may have occurred, the taking of appropriate action in accordance with the functions conferred on the Commissioner by or under this Act to address the relevant wrongdoing, having regard to the nature and seriousness of the matter concerned;

(b) where the procedure has not otherwise been closed under subparagraph (ii), (iii) or (iv) of paragraph (a), the provision of feedback to the reporting person within a reasonable period, being not more than—

(i) where acknowledgement of receipt of the report was sent to the reporting person under section 7A(1)(a) or 10B(3), as the case may be—

(I) 3 months from the date of such acknowledgement, or

(II) 6 months from the date of the acknowledgement in duly justified cases due to the particular nature and complexity of the report,

or

(ii) where no acknowledgement of receipt of the report was sent to the reporting person under section 7A(1)(a) or 10B(3), as the case may be—

(I) 3 months from the date of expiry of the period of 7 days after the report was made, or

(II) 6 months from the date of expiry of the period of 7 days after the report was made in duly justified cases due to the particular nature and complexity of the report;

(c) where feedback is not or is not likely to be provided to the reporting person within the period of 3 months referred to in paragraph (b)(i)(I), notification of the reporting person, in writing, as soon as practicable of the extension of that period under paragraph (b)(i)(II);

(d) the provision to the reporting person, where he or she so requests in writing, of further feedback at intervals of 3 months until such time as the procedure relating to the report concerned is closed, the first such period of 3 months commencing on the date on which feedback is provided to the reporting person under paragraph (b);

(e) save as provided for by or under any enactment or rule of law and subject to subsection (11), communication to the reporting person, in writing, as soon as is practicable, of the final outcome of any investigation triggered by the report;

(f) where a report concerns a breach, transmission as soon as practicable of the information contained in the report to relevant competent institutions, bodies, offices or agencies of the Union, as appropriate, for further investigation, where provided for under Union law or the law of the State.

(8) (a) The Commissioner shall designate one or more than one member of staff (in this section referred to as a ‘designated person’) to be responsible for handling reports and, in particular, for—

(i) follow-up on reports accepted by the Commissioner under subsection (5), and

(ii) maintaining communication with a reporting person for the purpose of providing feedback and, where necessary, requesting further information from the reporting person in respect of a report accepted by the Commissioner under subsection (5).

(b) The Commissioner shall ensure that designated persons receive specific training for the purposes of handling reports.

(9) A reporting person shall, in respect of the report concerned and any follow-up procedures, without prejudice to his or her rights under this Act and to such extent as may reasonably and lawfully be required for the purposes of this Act, cooperate with the Commissioner in relation to the performance by the Commissioner of the functions conferred on the Commissioner by or under this Act.

(10) Without prejudice to the period referred to in subparagraph (i)(I) or (II) or subparagraph (ii)(I) or (II) of paragraph (b), as applicable, of subsection (7), if necessary and appropriate, having due regard to the number of reports received by the Commissioner, he or she may deal with reports of a serious relevant wrongdoing as a matter of priority.

(11) Subsection (7)(e) shall operate without prejudice to any legal obligations applying to the Commissioner as regards confidentiality, legal professional privilege, privacy and data protection.

(12) (a) A person to whom a report is transmitted under subsection (1)(b) may notify the Commissioner, in writing, not later than 7 days after the date of transmission of the report, that the person is of the opinion that the matter to which the report relates does not come within the remit, statutory or otherwise, of that person and of the reasons for that opinion.

(b) The Commissioner shall, not later than 14 days after receipt of a notification under paragraph (a)—

(i) if the Commissioner does not accept the opinion so notified, notify the person, in writing, of his or her decision and the decision of the Commissioner shall be final,

(ii) if the Commissioner accepts the opinion so notified, identify such other prescribed person or persons or other suitable person under subsection (1)(a) and transmit the report accordingly under subsection (1)(b), or

(iii) where, for the purposes of subparagraph (ii), a prescribed person or other suitable person cannot be identified in accordance with subsection (1)(a), accept the report and notify the reporting person accordingly and of the reasons for accepting the report, in writing, as soon as practicable.

(c) This section shall apply, with any necessary modifications, to a report accepted by the Commissioner under paragraph (b)(iii) as it applies to a report accepted under subsection (5).

(13) Where a report accepted by the Commissioner under subsection (5) or (12)(b)(iii) is an anonymous report, unless prohibited by or under any other enactment, subsections (6) to (11) shall apply, with any necessary modifications, to such a report as if references in those subsections to a report were a reference to an anonymous report.

(14) The provisions of section 7A (other than paragraphs (b)(vi) and (c) of subsection (1) and subsections (10) and (11) of section 7A) shall apply, with any necessary modifications, to a report transmitted to a prescribed person under this section as those provisions apply to a report made to a prescribed person.

(15) Where a report is transmitted to a prescribed person under this section feedback shall be provided to the reporting person not later than—

(a) where acknowledgement of receipt of the report was sent to the reporting person under section 7A(1)(a) or 10B(3) (in this subsection referred to as the ‘original acknowledgement’), as the case may be—

(i) 3 months from the date of the original acknowledgement, or

(ii) 6 months from the date of the original acknowledgement in duly justified cases due to the particular nature and complexity of the report,

or

(b) where there was no original acknowledgement—

(i) 3 months from the date of expiry of the period of 7 days after the report was made, or

(ii) 6 months from the date of expiry of the period of 7 days after the report was made in duly justified cases due to the particular nature and complexity of the report.

(16) Section 10E shall apply to a report transmitted to a suitable person under this section.

Provisions applying to Commissioner in respect of reports made in the manner specified in section 8

10D. (1) The Commissioner shall, on receipt of a report transmitted to him or her in the manner specified in section 8—

(a) acknowledge, in writing, to the reporting person receipt of transmission of the report not more than 7 days after receipt of it from a relevant Minister (within the meaning of section 8), save where the reporting person explicitly requested otherwise or the Commissioner reasonably believes that acknowledging receipt of the report would jeopardise the protection of the identity of the reporting person, and

(b) subject to subsection (3), within 14 days of receipt of the report, or, in exceptional circumstances, due to the nature and complexity of the report, within such extended period as the Commissioner considers reasonable in those circumstances—

(i) identify—

(I) such prescribed person or persons (other than the Commissioner) as the Commissioner considers appropriate, or

(II) an other suitable person other than a prescribed person (in this section referred to as an ‘other suitable person’) who, in the opinion of the Commissioner, appears, by reason of the nature of such person’s responsibilities or functions, to be appropriate to be the recipient of the report, and to have the competence to provide feedback and follow-up and protect the identity of the reporting person and persons concerned in accordance with sections 16 and 16A, where—

(A) there is no prescribed person whom the Commissioner considers appropriate to be the recipient of the report, or

(B) having regard to the nature of the relevant wrongdoing concerned or the circumstances of the report the Commissioner is of the opinion that the report should not be transmitted to a prescribed person because to do so would create a risk of serious penalisation against the reporting person or that evidence of the relevant wrongdoing would be concealed or destroyed,

and

(ii) transmit the report to such prescribed person or other suitable person, as the case may be.

(2) The Commissioner shall notify the reporting person, in writing, as soon as practicable, of the transmission of the report under subsection (1) and the reasons for the transmission.

(3) Where the period specified in subsection (1) is extended as provided for by that subsection, the Commissioner shall notify the reporting person, in writing, as soon as practicable, of the extension or any further extension, as the case may be, and the reasons for that extension or further extension.

(4) When transmitting a report to an other suitable person under subsection (1), the Commissioner shall inform such person, in writing, of the obligations imposed on the person by this Act.

(5) Where a prescribed person or other suitable person cannot be identified under subsection (1), the Commissioner shall accept the report and notify the reporting person accordingly and of the reasons for accepting the report, in writing, as soon as practicable.

(6) The Commissioner shall establish procedures for handling reports accepted under subsection (5) and for follow-up.

(7) The procedures referred to in subsection (6) shall include the following:

(a) diligent follow-up, which shall include at least the following:

(i) the carrying out of an initial assessment, including seeking further information from the reporting person if required, as to whether there is prima facie evidence that a relevant wrongdoing may have occurred;

(ii) if, having carried out an initial assessment, the Commissioner decides that there is no prima facie evidence that a relevant wrongdoing may have occurred—

(I) closure of the procedure, and

(II) notification of the reporting person, in writing, as soon as practicable of the decision and the reasons for it;

(iii) if, having carried out an initial assessment, the Commissioner decides that there is prima facie evidence that a relevant wrongdoing may have occurred, but that the relevant wrongdoing is clearly minor and does not require further follow-up—

(I) closure of the procedure, and

(II) notification of the reporting person, in writing, as soon as practicable of the decision and the reasons for it;

(iv) having carried out an initial assessment—

(I) closure of the procedure in the case of repetitive reports where the Commissioner decides that the report does not contain any meaningful new information about a relevant wrongdoing compared to a previous report (including any report made before the commencement of section 14 of the Protected Disclosures (Amendment) Act 2022 (in this clause referred to as a ‘past report’)) made to the relevant Minister (within the meaning of section 8) concerned or any other Minister of the Government or Minister of State or any other person in respect of which the relevant procedures (including any procedures that applied at the time any past report was made) were concluded, unless new legal or factual circumstances justify a different follow-up, and

(II) notification of the reporting person, in writing, as soon as practicable of the decision referred to in clause (I) and the reasons for it;

(v) if, having carried out an initial assessment, the Commissioner decides that there is prima facie evidence that a relevant wrongdoing may have occurred, the taking of appropriate action in accordance with the functions conferred on the Commissioner by or under this Act to address the relevant wrongdoing, having regard to the nature and seriousness of the matter concerned;

(b) where the procedure has not otherwise been closed under subparagraph (ii), (iii) or (iv) of paragraph (a), the provision of feedback to the reporting person within a reasonable period, being not more than—

(i) where acknowledgement of receipt of transmission of the report was sent to the reporting person under subsection (1)(a)—

(I) 3 months from the date of such acknowledgement, or

(II) 6 months from the date of the acknowledgement in duly justified cases due to the particular nature and complexity of the report,

or

(ii) where no acknowledgement of receipt of transmission of the report was sent to the reporting person under subsection (1)(a)—

(I) 3 months from the date of expiry of the period of 7 days after the report was made, or

(II) 6 months from the date of expiry of the period of 7 days after the report was made in duly justified cases due to the particular nature and complexity of the report;

(c) where feedback is not or is not likely to be provided to the reporting person within the period of 3 months referred to in paragraph (b)(i)(I), notification of the reporting person, in writing, as soon as practicable of the extension of that period under paragraph (b)(i)(II);

(d) the provision to the reporting person, where he or she so requests in writing, of further feedback at intervals of 3 months until such time as the procedure relating to the report concerned is closed, the first such period of 3 months commencing on the date on which feedback is provided to the reporting person under paragraph (b);

(e) save as provided for by or under any enactment or rule of law and subject to subsection (11), communication to the reporting person, in writing, as soon as practicable, of the final outcome of investigations triggered by the report;

(f) where a report concerns a breach, transmission as soon as practicable of the information contained in the report to relevant competent institutions, bodies, offices or agencies of the Union, as appropriate, for further investigation, where provided for under Union law or the law of the State.

(8) (a) The Commissioner shall designate one or more than one member of staff (in this section referred to as a ‘designated person’) to be responsible for handling reports and, in particular, for—

(i) follow-up on reports accepted by the Commissioner under subsection (5), and

(ii) maintaining communication with a reporting person for the purpose of providing feedback and, where necessary, requesting further information from the reporting person in respect of a report accepted by the Commissioner under subsection (5).

(b) The Commissioner shall ensure that designated persons receive specific training for the purposes of handling reports.

(9) A reporting person shall, in respect of the report concerned and any follow-up procedures, without prejudice to his or her rights under this Act and to such extent as may reasonably and lawfully be required for the purposes of this Act, cooperate with the Commissioner in relation to the performance by the Commissioner of the functions conferred on the Commissioner by or under this Act.

(10) Without prejudice to the period referred to in subparagraph (i)(I) or (II) or subparagraph (ii)(I) or (II) of paragraph (b), as applicable, of subsection (7), if necessary and appropriate, having due regard to the number of reports received by the Commissioner, he or she may deal with reports of a serious relevant wrongdoing as a matter of priority.

(11) Subsection (7)(e) shall operate without prejudice to any legal obligations applying to the Commissioner as regards confidentiality, legal professional privilege, privacy and data protection.

(12) (a) A person to whom a report is transmitted under subsection (1)(b)(ii) may notify the Commissioner, in writing, not later than 7 days after the date of transmission of the report, that the person is of the opinion that the matter to which the report relates does not come within the remit, statutory or otherwise, of that person and of the reasons for that opinion.

(b) The Commissioner shall, not later than 14 days after receipt of a notification under paragraph (a)—

(i) if the Commissioner does not accept the opinion so notified, notify the person, in writing, of his or her decision and the decision of the Commissioner shall be final,

(ii) if the Commissioner accepts the opinion so notified, identify such other prescribed person or persons or other suitable person under subsection (1)(b)(i) and transmit the report accordingly under subsection (1)(b)(ii), or

(iii) where, for the purposes of subparagraph (ii), a prescribed person or other suitable person cannot be identified in accordance with subsection (1)(b)(i), accept the report and notify the reporting person accordingly and of the reasons for accepting the report, in writing, as soon as practicable.

(c) This section shall apply, with any necessary modifications, to a report accepted by the Commissioner under paragraph (b)(iii) as it applies to a report accepted under subsection (5).

(13) Where a report accepted by the Commissioner under subsection (5) or (12)(b)(iii) is an anonymous report, unless prohibited by or under any other enactment, subsections (6) to (11) shall apply, with any necessary modifications, to such a report as if references in those subsections to a report were references to an anonymous report.

(14) The provisions of section 7A (other than paragraphs (b)(vi) and (c) of subsection (1) and subsections (10) and (11) of section 7A) shall apply, with any necessary modifications, to a report transmitted to a prescribed person under this section as those provisions apply to a report made to a prescribed person.

(15) Where a report is transmitted to a prescribed person under this section, feedback shall be provided to the reporting person not later than—

(a) where acknowledgement of receipt of the report was sent to the reporting person under section 7A(1)(a) (in this subsection referred to as the ‘original acknowledgement’)—

(i) 3 months from the date of the original acknowledgement, or

(ii) 6 months from the date of the original acknowledgement in duly justified cases due to the particular nature and complexity of the report,

or

(b) where there was no original acknowledgement—

(i) 3 months from the date of expiry of the period of 7 days after the report was made, or

(ii) 6 months from the date of expiry of the period of 7 days after the report was made in duly justified cases due to the particular nature and complexity of the report.

(16) Section 10E shall apply to a report transmitted to a suitable person under subsection (1).

Provisions applying to other suitable persons to whom reports are transmitted by Commissioner

10E. (1) Where a report is transmitted by the Commissioner to an other suitable person (within the meaning of section 10C or 10D, as the case may be) under section 10C(1)(b) or 10D(1)(b)(ii), such person (in this section referred to as the ‘person to whom the report is transmitted’) shall—

(a) acknowledge, in writing, to the reporting person, receipt of transmission of the report not more than 7 days after receipt of it, save where the reporting person explicitly requested otherwise or the person to whom the report is transmitted reasonably believes that acknowledging receipt of the report would jeopardise the protection of the identity of the reporting person,

(b) diligently follow-up, which shall include at least the following:

(i) the carrying out of an initial assessment, including seeking further information from the reporting person, if required, as to whether there is prima facie evidence that a relevant wrongdoing may have occurred;

(ii) if, having carried out an initial assessment, the person to whom the report is transmitted decides that there is no prima facie evidence that a relevant wrongdoing may have occurred—

(I) closure of the procedure, and

(II) notification of the reporting person, in writing, as soon as practicable of the decision and the reasons for it;

(iii) if, having carried out an initial assessment, the person to whom the report is transmitted decides that there is prima facie evidence that a relevant wrongdoing may have occurred but that the relevant wrongdoing is clearly minor and does not require further follow-up—

(I) closure of the procedure, and

(II) notification of the reporting person, in writing, as soon as practicable of the decision and the reasons for it;

(iv) having carried out an initial assessment—

(I) closure of the procedure in the case of repetitive reports where the person to whom the report is transmitted decides that the report does not contain any meaningful new information about a relevant wrongdoing compared to a previous report (including any report made before the commencement of section 14 of the Protected Disclosures (Amendment) Act 2022 (in this clause referred to as a ‘past report’)) made to the person to whom the report is transmitted or to any other person in respect of which the relevant procedures (including any procedures that applied at the time any past report was made) were concluded, unless new legal or factual circumstances justify a different follow-up, and

(II) notification of the reporting person, in writing, as soon as practicable of the decision referred to in clause (I) and the reasons for it;

(v) if, having carried out such initial assessment, the person to whom the report is transmitted decides that there is prima facie evidence that a relevant wrongdoing may have occurred, take appropriate action, in accordance with the functions conferred on that person by or under this or any other enactment, to address the relevant wrongdoing, having regard to the nature and seriousness of the matter concerned,

(c) where the procedure has not otherwise been closed under subparagraph (ii), (iii) or (iv) of paragraph (b), provide feedback to the reporting person within a reasonable period, being not more than—

(i) where acknowledgement of receipt of the report was sent to the reporting person under section 7A(1)(a) or acknowledgement of receipt of transmission of the report was sent to the reporting person under section 10D(1)(a), as the case may be (in this subsection referred to as the ‘original acknowledgement’)—

(I) 3 months from the date of the original acknowledgement, or

(II) 6 months from the date of the original acknowledgement in duly justified cases due to the particular nature and complexity of the report,

or

(ii) where there was no original acknowledgement—

(I) 3 months, from the date of expiry of the period of 7 days after the report was made, as the case may be, or

(II) 6 months from the date of expiry of 7 days after the report was made, as the case may be, in duly justified cases due to the particular nature and complexity of the report,

(d) where feedback is not or is not likely to be provided to the reporting person within the period of 3 months referred to in paragraph (c)(i)(I), notify the reporting person, in writing, as soon as practicable of the extension of that period under paragraph (c)(i)(II),

(e) provide to the reporting person, where he or she so requests in writing, further feedback at intervals of 3 months until such time as the procedure relating to the report concerned is closed, the first such period of 3 months commencing on the date on which feedback is provided to the reporting person under paragraph (c),

(f) save as provided for by or under any enactment or rule of law and subject to subsection (4), communicate to the reporting person, in writing, as soon as practicable, the final outcome of any investigation triggered by the report,

(g) where a report concerns a breach, transmit as soon as practicable of the information contained in the report to relevant competent institutions, bodies, offices or agencies of the Union, as appropriate, for further investigation, where provided for under Union law or the law of the State.

(2) A reporting person shall, in respect of the report concerned and any follow-up procedures, without prejudice to his or her rights under this Act and to such extent as may reasonably and lawfully be required for the purposes of this Act, cooperate with the person to whom the report is transmitted in relation to the performance by that person of the functions conferred on that person by or under this Act.

(3) Without prejudice to the period referred to in subparagraph (i)(I) or (II) or subparagraph (ii)(I) or (II) of paragraph (c), as applicable, of subsection (1), if necessary and appropriate, having due regard to the number of reports received by the person to whom the report is transmitted, that person may deal with reports of a serious relevant wrongdoing as a matter of priority.

(4) Subsection (1)(f) shall operate without prejudice to any legal obligations applying to the person to whom the report is transmitted as regards confidentiality, legal professional privilege, privacy and data protection.

(5) The person to whom the report is transmitted shall designate one or more than one member of staff (in this section referred to as a ‘designated person’) to be responsible for handling reports and, in particular, for—

(a) follow-up on reports transmitted to that person, and

(b) maintaining communication with the reporting person for the purpose of providing feedback and, where necessary, requesting further information from that reporting person.

(6) The person to whom the report is transmitted shall, in so far as it is reasonably practicable in the circumstances concerned, ensure that designated persons receive specific training for the purposes of handling reports.

(7) Where the report referred to in subsection (1) is an anonymous report, unless prohibited by or under any other enactment, this section shall apply, with any necessary modifications, to such a report as if references in this section to a report were a reference to an anonymous report.

Powers of Commissioner

10F. (1) The Commissioner may, for the purpose of diligent follow-up on a report accepted by the Commissioner under this Act—

(a) require any person who, in the opinion of the Commissioner, is in possession of information, or has any record, book, document or other thing in his or her power or control, that, in the opinion of the Commissioner, is relevant to the purpose aforesaid to furnish to the Commissioner any such information or record, book, document or other thing and, where appropriate, require the person to attend before him or her for that purpose, and

(b) examine and take copies in any form of, or extracts from, any record, book, document or other thing that, in the opinion of the Commissioner, is relevant to the purpose aforesaid and for that purpose take possession of any such record, book, document or other thing and retain it in his or her possession for a reasonable period,

and the person shall comply with a requirement under this subsection.

(2) A requirement under subsection (1) shall be made by notice in writing given to the person to whom it is directed and shall specify the period within which and the place at which any information or record, book, document or other thing is to be furnished to the Commissioner or the place at which a person is to attend before the Commissioner.

(3) (a) The Commissioner may appoint such and so many members of staff, and other suitably qualified persons, as the Commissioner considers appropriate to be authorised officers for the purpose referred to in subsection (1).

(b) A person appointed under paragraph (a) shall, on his or her appointment, be furnished by the Commissioner with a certificate of his or her appointment and, when exercising a power conferred under this section shall, on request by any person thereby affected, produce such certificate together with a form of personal identification to that person for inspection.

(c) An appointment shall cease—

(i) if the Commissioner revokes, in writing, the appointment,

(ii) in the case of a person who at the time of his or her appointment was a member of staff of the Commissioner, upon the person ceasing to be such a member of staff, or

(iii) in the case of an appointment for a fixed period, upon the expiry of that period.

(d) In this subsection, ‘suitably qualified person’ means a person, other than a member of staff of the Commissioner, who, in the opinion of the Commissioner, has the expertise and experience necessary to perform the functions conferred on an authorised officer under this section.

(4) Subject to subsections (5) and (6), an authorised officer may, for the purpose referred to in subsection (1), enter any premises occupied by a person referred to in subsection (1)(a) and there—

(a) require any person found on the premises to furnish him or her with such information in the possession of the person as he or she may reasonably require for the purpose aforesaid and to make available to him or her any record, book, document or other thing in his or her power or control that, in the opinion of the authorised officer, is relevant to that purpose, and

(b) examine and take copies of, or extracts from, any such record, book, document or other thing made available to him or her as aforesaid or found on the premises.

(5) An authorised officer shall not enter a dwelling other than—

(a) with the consent of the occupier, or

(b) pursuant to a warrant under subsection (7).

(6) Where an authorised officer is, in the exercise of his or her powers under this section, prevented from entering any premises an application may be made under subsection (7) authorising such entry.

(7) If a judge of the District Court is satisfied on the sworn information of an authorised officer that there are reasonable grounds for suspecting that any information or record, book, document or other thing required by the authorised officer for the purposes of performing his or her functions under this section is held at any premises or dwelling or any part of any premises or dwelling the judge may issue a warrant authorising the authorised officer, accompanied if the officer considers necessary by such other person or member of the Garda Síochána or both, at any time or times not later than 30 days from the date of issue of the warrant and on production if so requested of the warrant, to enter, if need be by reasonable force, the premises or dwelling or part of the premises or dwelling concerned and exercise all or any of the powers conferred on an authorised officer under this section.

(8) Subject to subsection (9), no enactment or rule of law prohibiting or restricting the disclosure or communication of information shall preclude a person from furnishing to the Commissioner or an authorised officer, as the case may be, any such information or record, book, document or other thing, as aforesaid.

(9) A person to whom a requirement is addressed under subsection (1) or (4) shall be entitled to the same immunities and privileges as a witness in a court.

(10) Subject to this Act, the procedure for diligent follow-up shall be such as the Commissioner considers appropriate in all the circumstances of the case and, without prejudice to the foregoing, shall be as informal as is consistent with the due performance of the functions of the Commissioner under this Act.

(11) The Commissioner may, if he or she thinks fit, pay to any person who, for the purpose referred to in subsection (1), attends before the Commissioner or furnishes information or any record, book, document or other thing to him or her—

(a) sums in respect of travelling and subsistence expenses properly incurred by the person, and

(b) allowances by way of compensation for loss of his or her time,

of such amount as may be determined by the Minister.

(12) If it appears to the Commissioner that a person has failed to comply with a requirement under subsection (1) or (4), the Commissioner may apply to the Circuit Court for an order under subsection (13).

(13) If, on an application under subsection (12), the Circuit Court is satisfied as to the failure of a person referred to in subsection (12) to comply with the requirement concerned, the Court may make an order directing that person to comply with the requirement.

(14) A person who—

(a) withholds, destroys, conceals or refuses to provide any information or record, book, document or other thing required for the purpose referred to in subsection (1),

(b) fails or refuses to comply with any requirement under subsection (1) or (4), or

(c) otherwise obstructs or hinders the Commissioner or an authorised officer in the performance of his or her functions under this section,

commits an offence and shall be liable—

(i) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months, or both, or

(ii) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 2 years, or both.”.