S.I. No. 367/2020 - Protected Disclosures Act 2014 (Disclosure to Prescribed Persons) Order 2020


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 29th September, 2020.

I, Michael McGrath, Minister for Public Expenditure and Reform, in exercise of the powers conferred on me by section 7 (2) of the Protected Disclosures Act 2014 (No. 14 of 2014), hereby order as follows:

1. This Order may be cited as the Protected Disclosures Act 2014 (Disclosure to Prescribed Persons) Order 2020.

2. Each person specified in column (2) of the Schedule is hereby prescribed to be the recipient of disclosures of relevant wrongdoings falling within the description of matters specified in column (3) of the Schedule in relation to the person.

3. The following are revoked:

(a) Protected Disclosures Act 2014 (Section 7(2)) Order 2014 ( S.I. No. 339 of 2014 );

(b) Protected Disclosures Act 2014 (Disclosure to Prescribed Persons) Order 2015 ( S.I. No. 448 of 2015 );

(c) Protected Disclosures Act 2014 (Disclosure to Prescribed Persons) Order 2016 ( S.I. No. 490 of 2016 ).

Schedule

Article 2

Reference Number

(1)

Prescribed Person

(2)

Description of matters in respect of which the person is prescribed

(3)

1

The chief executive officer of the Adoption Authority of Ireland

(a) All matters relating to the registration of accredited bodies under the Adoption Act 2010 (No. 26 of 2010).

(b) All matters relating to the register of intercountry adoptions kept and maintained under section 90 of the Adoption Act 2010 .

2

The chief executive officer of An tSeirbhís Oideachais Leanúnaigh agus Scileanna (Solas)

All matters relating to the regulation, registration, employment and education of apprentices as provided for by the Industrial Training Act 1967 (No. 5 of 1967) and the funding of further education and training as provided for by the Further Education and Training Act 2013 (No. 25 of 2013).

3

The chief executive officer of Bord na gCon

All matters relating to the management and development by Bord na gCon of the greyhound industry as provided for by the Greyhound Racing Acts 1958 to 2019.

4

The chief executive officer of the Broadcasting Authority of Ireland

(a) All matters relating to the licensing by the Authority of the broadcasting sector and the monitoring by the Authority of all licensed services to ensure that licence holders comply with their statutory obligations and the terms of their licences.

(b) All matters relating to the development by the Authority of codes and rules in relation to programming and advertising standards on television and radio.

5

An appropriate person (within the meaning of section 37 (1) of the Central Bank (Supervision and Enforcement) Act 2013 (No. 26 of 2013))

All matters relating to contraventions of financial services legislation (within the meaning of the Central Bank (Supervision and Enforcement) Act 2013 ).

6

The chief executive officer of the Charities Regulatory Authority

All matters relating to the regulation of charities pursuant to the Charities Act 2009 (No. 6 of 2009).

7

The chief executive officer of the Child and Family Agency

(a) All matters relating to the registration, supervision and inspection of early years services under Part VIIA of the Child Care Act 1991 (No. 17 of 1991) and regulations made under that Act.

(b) All matters relating to the registration and inspection of children’s residential centres under Part VIII of the Child Care Act 1991 and regulations made under that Act.

(c) All matters relating to the registration of children in receipt of education in a place other than a recognised school and the carrying out of assessments under section 14 of the Education (Welfare) Act 2000 (No. 22 of 2000).

8

A commissioner for Aviation Regulation

(a) All matters relating to the setting of the maximum level of airport and aviation terminal services charges.

(b) All matters relating to the licensing of the travel trade in the State, including the granting of licences to tour operators and travel agents.

(c) All matters relating to the licensing of airlines and approval of groundhandling services providers.

(d) All matters relating to the discharge of the State’s responsibilities for schedule co-ordination and slot allocation and the appointment of a schedules facilitator and slot co-ordinator.

(e) All matters relating to the monitoring and enforcement in the State of acts adopted by an institution of the European Union regarding air passenger rights and the provision of assistance to passengers with reduced mobility.

9

A Commissioner for Communications Regulation

(a) All matters (within the remit of the Commission) relating to the regulation of the electronic communications sector and the postal sector.

(b) All matters relating to the performance of the Commission’s consumer protection function (within the foregoing remit) in respect of the communications and postal sectors.

(c) All matters relating to the regulation of access to and use of the radio spectrum.

10

The Chief Executive of the Commissioners of Irish Lights

All matters relating to the superintendence, provision and management of aids to navigation and allied services for the safety of persons at sea.

11

The Head of Administration in the Commission for Railway Regulation

All matters relating to the regulation of railway safety in the State including matters relating to railway and cableway safety on passenger carrying systems and freight carrying systems where those systems interface with public roads.

12

A member of the Commission for Regulation of Utilities, or where there is more than one such member, the chairperson of the Commission

(a) All matters relating to the regulation of the electricity and natural gas markets in the State in accordance with the Electricity Regulation Act 1999 (No. 23 of 1999), the Gas (Interim) (Regulation) Act 2002 (No. 10 of 2002) and instruments made under those Acts.

(b) All matters relating to the regulation of the State’s public water system in accordance with the Water Services Acts 2007 to 2017.

13

A member of the Competition and Consumer Protection Commission

All matters falling within the remit of the Commission relating to the enforcement of consumer protection law, competition law and the review of mergers or acquisitions notified to the Commission.

14

The Comptroller and Auditor General

All matters relating to improper use of public funds and resources and matters concerning value for money in respect of entities that fall within the remit of the Comptroller and Auditor General.

15

The Group Human Resources Manager of Córas Iompair Éireann

All matters relating to the operation of public transport services provided by Iarnród Éireann, Bus ?tha Cliath and Bus Éireann.

16

The Director of Corporate Enforcement

All matters relating to the functions of the Director of Corporate Enforcement under section 949 of the Companies Act 2014 (No. 38 of 2014).

17

The Commissioner for Data Protection in the Data Protection Commission or where there is more than one such Commissioner, the chairperson of the Commission

All matters relating to compliance with the Data Protection Acts 1988 to 2018, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 20161 (General Data Protection Regulation) and the European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011 ( S.I. No. 336 of 2011 ).

18

The Registrar of the Dental Council

All matters relating to the establishment and maintenance of the Register of Dentists and the Register of Dental Specialists, the adequacy, suitability and standards of dental education and inquiries into conduct of dentists, as provided for by the Dentists Act 1985 (No. 9 of 1985).

19

The Director General of the Environmental Protection Agency

All matters relating to the protection of the environment in the State.

20

The chief executive of the National Tourism Development Authority

All matters under the Tourist Traffic Acts 1939 to 2016 relating to-

(a) the registration, regulation and classification of tourist accommodation, and

(b) appeals regarding refusal or cancellation of registration of tourist accommodation.

21

The chief executive of the Food Safety Authority of Ireland

All matters relating to the regulation, enforcement and monitoring of food safety under the Food Safety Authority of Ireland Act 1998 (No. 29 of 1998).

22

A member of the Garda Síochána Ombudsman Commission

All matters relating to the functions of the Commission under Part 3 of the Garda Síochána Act 2005 (No. 20 of 2005).

23

The Chief Executive of the Health and Safety Authority

All matters associated with legislation enforced by the Health and Safety Authority and accreditation of laboratories, certification bodies and inspection bodies carried out by the Irish National Accreditation Board on behalf of the Health and Safety Authority.

24

The chief executive officer of the Health and Social Care Professionals Council

All matters relating to the protection of the public by the promotion of high standards of professional conduct, education, training and competence through the registration of health and social care professionals, as provided for by the Health and Social Care Professionals Act 2005 (No. 27 of 2005).

25

The chief executive officer of the Health Information and Quality Authority

All matters relating to the standards of safety and quality of health and social care services in the public and voluntary health care sectors, and social care services in the private health care sector, as provided for by the Health Act 2007 (No. 23 of 2007).

26

The Registrar and Chief Executive of the Health Insurance Authority

All matters under the Health Insurance Acts 1994 to 2019 relating to the carrying on of a health insurance business in the State, operation of the Risk Equalisation Fund and the provision of advice and information to consumers in relation to health insurance.

27

The Chief Executive of the Health Products Regulatory Authority

All matters relating to the protection and enhancement of public and animal health through the regulation of human and veterinary medicinal products under the Irish Medicines Board Acts 1995 and 2006 and the implementation of-

(a) acts adopted by an institution of the European Union, and

(b) legislation,

relating to blood and blood components, organ transplantation, tissues and cells.

28

The Chief Executive of the Higher Education Authority

(a) All matters relating to the planning and development of higher education and research in the State.

(b) All matters relating to funding for universities and certain institutions of higher education designated under the Higher Education Authority Act 1971 (No. 22 of 1971).

29

The chief executive officer of Horse Racing Ireland

All matters relating to the control of the operation of authorised bookmakers, the totalisator and the Registry Office.

30

The chief executive of Inland Fisheries Ireland

All matters relating to the protection, management and conservation of the inland fisheries resource and enforcement of the Fisheries Acts 1959 to 2019.

31

The Director of the Insolvency Service of Ireland

All matters relating to the regulation and supervision of personal insolvency practitioners, approved intermediaries and persons authorised to perform the functions of an approved intermediary in accordance with the Personal Insolvency Act 2012 (No. 44 of 2012).

32

The Official Assignee in Bankruptcy in the Insolvency Service of Ireland

All matters relating to the administration of bankruptcy estates under the Bankruptcy Act 1988 (No.27 of 1988).

33

The Controller of Intellectual Property

All matters within the functions of the Controller relating to copyright, the granting of patents, and the registration of industrial designs and trademarks under-

(a) the Patents Act 1992 (No. 1 of 1992), the Trade Marks Act 1996 (No. 6 of 1996), the Industrial Designs Act 2001 (No. 39 of 2001), the Copyright and Related Rights Act 2000 (No. 28 of 2000), the Knowledge Development Box (Certification of Inventions) Act 2017 (No. 6 of 2017) and the Copyright and other Intellectual Property Law Provisions Act 2019 (No. 19 of 2019),

(b) instruments made under those Acts, and

(c) acts adopted by an institution of the European Union or regulations made under the European Communities Act 1972 (No.27 of 1972).

34

The chief executive officer of the Irish Auditing and Accounting Supervisory Authority

All matters relating to the functions of the Irish Auditing and Accounting Supervisory Authority under section 905 of the Companies Act 2014 (No. 38 of 2014).

35

The company secretary of the Irish Aviation Authority

All matters relating to the management of Irish controlled airspace, the safety regulation of Irish civil aviation and the oversight of civil aviation security in the State.

36

A member of the Executive Committee of the Irish Coursing Club

All matters relating to the regulation by the Irish Coursing Club of coursing in the State under the Greyhound Industry Act 1958 (No. 12 of 1958).

37

The Director of Film Classification in the Irish Film Classification Office

All matters relating to the classification of films under the Censorship of Films Act 1923 (No. 23 of 1923) and the classification of video works and the licensing to sell or let on hire video recordings under the Video Recordings Act 1989 (No. 22 of 1989).

38

The chief executive officer of the Irish Horseracing Regulatory Board

All matters relating to functions under the Irish Horseracing Industry Act 1994 (No. 18 of 1994) carried out by the Irish Horseracing Regulatory Board.

39

The Director General of the Irish Takeover Panel

All matters relating to the supervision of takeovers and other relevant transactions under the Irish Takeover Panel Act 1997 (No. 5 of 1997).

40

The Director of Legal Metrology

All matters relating to the implementation and enforcement of the Metrology Acts 1980 to 1998, the Legal Metrology (Measuring Instruments) Act 2017 (No. 31 of 2017) and instruments made under those Acts.

41

The chief executive of the Legal Services Regulatory Authority

All matters relating to the regulation of the provision of legal services by legal practitioners in the State, including the maintenance and improvement of standards, the establishment and maintenance of the roll of practising barristers and the registers of legal partnerships, limited liability partnerships and multi-disciplinary practices, and the investigation of complaints against legal practitioners as provided for by the Legal Services Regulation Act 2015 (No. 65 of 2015).

42

The chief executive of each of the following local authorities:

Carlow County Council

Cavan County Council

Clare County Council

Cork City Council

Cork County Council

Donegal County Council

Dublin City Council

Dún Laoghaire-Rathdown County Council

Fingal County Council

Galway City Council

Galway County Council

Kerry County Council

Kildare County Council

Kilkenny County Council

Laois County Council

Leitrim County Council

Limerick City and County Council

Longford County Council

Louth County Council

Mayo County Council

Meath County Council

Monaghan County Council

Offaly County Council

Roscommon County Council

Sligo County Council

South Dublin County Council

Tipperary County Council

Waterford City and County Council

Westmeath County Council

Wexford County Council

Wicklow County Council

All matters relating to the functions of a local authority under the Local Government Acts 1925 to 2019 or any other enactment.

43

The Chief Executive Officer of the Marine Institute

All matters within the functions of the Marine Institute relating to co-ordination and promotion of, and assistance in, marine research and development, as provided for by the Marine Institute Act 1991 (No. 2 of 1991).

44

The chief executive officer of the Medical Council

All matters within the functions of the Medical Council relating to the regulation of the medical profession in the State, including the quality of undergraduate education of doctors and of postgraduate training of specialists, the registration of doctors and disciplinary procedures, and guidance on professional standards and ethical conduct, as provided for by the Medical Practitioners Act 2007 (No. 25 of 2007).

45

The Chief Executive of the Mental Health Commission

All matters relating to the establishment and maintenance of high standards in the delivery of mental health services and the protection of the interests of persons detained in approved centres under the Mental Health Act 2001 (No. 25 of 2001), and compliance with that Act, instruments made under that Act and codes of practice prepared by the Mental Health Commission for persons working in the mental health services.

46

The Regulator of the National Lottery

All matters relating to compliance by the operator of the National Lottery with the National Lottery Act 2013 (No. 13 of 2013) and the terms and conditions of the licence granted to the operator.

47

The chief executive of the National Milk Agency

All matters relating to regulation by the National Milk Agency of the supply of milk for liquid consumption.

48

The Secretary to the Board of the National Standards Authority of Ireland

All matters relating to the development, publication and dissemination of national, European and international standards, and all matters associated with product, practice or process certification carried out by the National Standards Authority of Ireland.

49

The chief executive officer of the National Transport Authority

(a) All matters relating to the regulation of public transport services in the State, including the licensing of bus passenger services, the entering into of contracts for the provision of bus, light railway and railway services and the regulation of public transport fares.

(b) All matters relating to the regulation of small public service vehicles (within the meaning of the Road Traffic Act 1961 (No. 24 of 1961)).

50

The chief executive officer of the Nursing and Midwifery Board of Ireland

All matters relating to the establishment and maintenance of registers of nurses and midwives, the provision of education and training of nurses and midwives and the investigation of complaints against registered nurses and registered midwives as provided for by the Nurses and Midwives Act 2011 (No. 41 of 2011).

51

The Director of the Oberstown Children Detention Campus

All matters relating to the control and supervision of a children detention school as provided for by the Children Act 2001 (No. 24 of 2001).

52

The Planning Regulator in the Office of the Planning Regulator

All matters relating to the functions of the Office of the Planning Regulator under section 31P of the Planning and Development Act 2000 (No. 30 of 2000).

53

The Director of Internal Audit in the Office of the Revenue Commissioners

All matters relating to the assessment, collection and management of taxes and duties and the implementation of customs controls in the State.

54

An Coimisinéir Teanga in Oifig Choimisinéir na dTeangacha Oifigiúla

All matters relating to the monitoring of compliance by public bodies with the Official Languages Act 2003 (No. 32 of 2003).

55

The Pensions Regulator in the Pensions Authority

All matters relating to the monitoring and supervision of the operation of the Pensions Act 1990 (No. 25 of 1990) (other than investigations by, and decisions of, the Financial Services and Pensions Ombudsman), including the activities of Personal Retirement Savings Account (PRSA) providers, the provision of PRSA products, the operation of PRSAs and the issue of guidelines and codes of practice for trustees of occupational pension schemes and providers of PRSAs.

56

The chief executive of the Personal Injuries Assessment Board

All matters relating to the functions of the Personal Injuries Assessment Board under section 54 of the Personal Injuries Assessment Board Act 2003 (No. 46 of 2003).

57

The Registrar of the Pharmaceutical Society of Ireland

All matters relating to the regulation of the profession of pharmacy and pharmacies in the State, including the Society’s responsibility for the supervision of compliance with the Pharmacy Act 2007 (No. 20 of 2007).

58

The chief executive officer of Pobal

All matters relating to Pobal’s role in the oversight and monitoring of grants and programmes, where the grant or programme is managed by Pobal.

59

The Director of the Pre-Hospital Emergency Care Council

All matters relating to standards, accreditation, education and training in relation to pre-hospital emergency care as provided for by the Pre-Hospital Emergency Care Council (Establishment) Order 2000 ( S.I. No. 109 of 2000 ).

60

The Press Ombudsman of the Press Council

All matters relating to complaints made to the Press Council in accordance with Schedule 2 to the Defamation Act 2009 (No. 31 of 2009).

61

The chief executive officer of the Private Security Authority

All matters relating to the licensing and regulation of providers of security services under the Private Security Services Act 2004 (No. 12 of 2004).

62

The Chief Executive Officer of the Property Services Regulatory Authority

All matters relating to the licensing, control and regulation of, and the investigation of complaints against, property service providers.

63

The Director of the Office of the Commission for Public Service Appointments

All matters relating to the setting of standards for recruitment and selection for public service appointments including the monitoring and auditing of public sector recruitment and selection processes.

64

The chief executive officer of Qualifications and Quality Assurance Authority of Ireland

All matters relating to quality assurance, validation of programmes of education and training, the making of awards, the delegation of authority to make awards, the establishment of the Code of Practice for the provision of programmes of education and training to international learners and the authorisation to use the international education mark, as provided for by the Qualifications and Quality Assurance (Education and Training) Act 2012 (No. 28 of 2012).

65

The Registrar of Beneficial Ownership of Companies and Industrial and Provident Societies

All matters relating to the registration of relevant entities under the European Union (Anti-Money Laundering: Beneficial Ownership of Corporate Entities) Regulations 2019 (S.I. 110 of 2019).

66

The Registrar of Companies

All matters relating to-

(a) the registration, and the enforcement of filing obligations, of companies under the Companies Act 2014 (No. 38 of 2014), and

(b) the registration of business names under the Registration of Business Names Act 1963 (No. 30 of 1963).

67

The Registrar of Friendly Societies

All matters relating to the registration, and the enforcement of filing obligations, of-

(a) trade unions under the Trade Union Acts 1871 to 1990,

(b) friendly societies under the Friendly Societies Acts 1896 to 2018, and

(c) industrial and provident societies, under the Industrial and Provident Societies Acts 1893 to 2018.

68

The Director of the Residential Tenancies Board

All matters, as provided for by the Residential Tenancies Acts 2004 to 2019, relating to the determination of disputes between landlords and tenants, the investigation and sanctioning of landlords, the operation of the residential tenancies register and the discharge of the functions of the Residential Tenancies Board.

69

The Director of Corporate Services in the Road Safety Authority

All matters relating to the promotion of road safety, accident and road safety research, driver testing and licensing, vehicle standards, the enforcement of statutory provisions relating to road haulage, the registration of driving instructors, driver vocational training and compulsory basic training for motorcyclists.

70

A member of the Sea-Fisheries Protection Authority

All matters, as provided for by the Sea-Fisheries and Maritime Jurisdiction Act 2006 (No. 8 of 2006), relating to the enforcement and implementation of sea-fisheries law and food safety law.

71

The chief executive of Sport Ireland

All matters relating to doping in sport pursuant to the Irish Anti-Doping Rules or World Anti-Doping Code.

72

The Secretary to the Standards in Public Office Commission

(a) All matters relating to the supervision of the Ethics in Public Office Acts 1995 and 2001 in so far as they apply to specified persons and to members of the Oireachtas who are not office holders, within the meaning of those Acts, including investigations and reports in relation to possible contraventions of those Acts.

(b) All matters relating to the supervision of the Electoral Acts 1992 to 2019 in regard to-

(i) the disclosure of donations to political parties, members of the Oireachtas, members of the European Parliament, and candidates at elections to Dáil Éireann, Seanad Éireann and the European Parliament,

(ii) the obligations of third parties,

(iii) the obligations of corporate donors,

(iv) the monitoring of limitations on expenditure by election candidates and political parties, and

(v) the expenditure of Exchequer Funding received by qualified political parties.

(c) All matters relating to the supervision of the Ministerial and Parliamentary Offices Act 1938 with regard to the expenditure of funding (Parliamentary Activities Allowance) received by the parliamentary leaders of qualifying parties and by independent members of the Oireachtas.

73

The Chief Executive of the State Examinations Commission

All matters relating to the operation of the Leaving Certificate, Leaving Certificate Vocational Programme, Leaving Certificate Applied and Junior Certificate examinations.

74

The Director of the Teaching Council

(a) All matters relating to the regulation of the teaching profession and the professional conduct of teachers.

(b) All matters relating to the establishment, promotion, maintenance and improvement of standards of-

(i) programmes of teacher education and training,

(ii) teaching, knowledge, skills and competencies of teachers in recognised primary and post-primary schools, and

(iii) professional conduct of teachers.

(c) All matters relating to the promotion of continuing education and training and professional development of teachers.

75

The chief executive officer of the National Roads Authority (described for operational purposes as Transport Infrastructure Ireland in accordance with the Roads Act (Operational Name of National Roads Authority) Order 2015 (No. 297 of 2015))

(a) All matters relating to the planning and supervision of construction and maintenance of national roads in the State, including preparing and arranging for the preparation of road designs, maintenance programmes, schemes for the provision of traffic signs on national roads, securing construction, improvement and maintenance works on national roads, allocating and paying grants for national roads and training, research or testing activities.

(b) All matters relating to the procurement of the provision of light rail and metro infrastructure in the State including the making of relevant bye-laws and the prosecution of related offences.

76

The Registrar of the Veterinary Council of Ireland

All matters relating to the regulation and management of the practice of veterinary medicine and veterinary nursing.

77

The chief executive officer of Water Safety Ireland

All matters relating to the services provided by Water Safety Ireland under the Water Safety Ireland (Establishment) Order 2019 ( S.I. No. 56 of 2019 ).

78

The chief executive officer of Waterways Ireland

All matters relating to the functions of Waterways Ireland as the implementation body responsible for the management, maintenance and development of the inland waterways in accordance with the British-Irish Agreement Act 1999 (No. 1 of 1999) and bye-laws made under the Shannon Navigation Acts 1990 and 2005 and the Canals Acts 1986 and 2018.

79

The Chief Executive of the Western Development Commission

All matters relating to the administration and business of the Commission and the functions of the Commission under the Western Development Commission Act 1998 (No. 42 of 1998).

80

The Director General of the Workplace Relations Commission

All matters relating to the functions of the Workplace Relations Commission or the Director General under the Workplace Relations Act 2015 (No. 16 of 2015).

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GIVEN under my Official Seal,

24 September, 2020.

MICHAEL MCGRATH,

Minister for Public Expenditure and Reform.

1 OJ L119, 4.5.2016, p. 1.