Protected Disclosures (Amendment) Act 2022

Information to Minister and reports

30. The following section is substituted for section 22 of the Principal Act:

“22. (1) Each public body, prescribed person and the Commissioner shall, not later than 1 March in each year, provide the following information to the Minister in respect of the immediately preceding calendar year in a form which does not enable the identification of reporting persons or persons concerned:

(a) the number of reports made to the public body, prescribed person or Commissioner, as the case may be;

(b) in the case of the Commissioner, the number of reports transmitted to the Commissioner under section 8;

(c) in the case of the Commissioner, the number of reports transmitted by the Commissioner under section 10C(1)(b) or 10D(1)(b)(ii) to an other suitable person (within the meaning of section 10C or 10D, as the case may be);

(d) the number of reports transmitted to the public body, prescribed person or Commissioner, as the case may be, under sections 7, 10B, 10C and 10D;

(e) in respect of each report referred to in paragraphs (a) to (d), whether the relevant wrongdoing concerned was a breach;

(f) the number of investigations and proceedings opened by the public body, prescribed person or Commissioner in relation to the relevant wrongdoings concerned as a result of the reports referred to in paragraphs (a) to (d);

(g) the number of investigations and proceedings opened, in the years preceding the year in respect of which the report is being made, by the public body, prescribed person or Commissioner in relation to the relevant wrongdoings concerned that remain open;

(h) the number of investigations and proceedings closed by the public body, prescribed person or Commissioner in relation to the relevant wrongdoings concerned as a result of the reports referred to in paragraphs (a) to (d);

(i) in respect of each closed investigation or proceedings referred to in paragraph (h), the outcome of the investigation or proceedings and the decision taken by the public body, prescribed person or Commissioner;

(j) where relevant and in so far as it can be ascertained, the estimated financial damage and the amounts recovered following any investigation and proceedings referred to in paragraph (h);

(k) such other information relating to the performance of the functions of public bodies, prescribed bodies or the Commissioner, as the case may be under this Act, as may be requested by the Minister.

(2) The information provided under subsection (1) shall be in such format as the Minister may specify.

(3) The Minister shall submit to the Commission of the European Union, in aggregate form, the information provided to him or her under subsection (1) in relation to the reports referred to in paragraph (e) of that subsection.

(4) The Minister shall publish, in aggregate form, the information provided to him or her under subsection (1) on a website maintained by or on behalf of the Minister.

(5) Each public body, prescribed person and the Commissioner shall prepare and publish in such form and manner as the body, person or Commissioner, as the case may be, considers appropriate, including on a website maintained by or on behalf of the public body, prescribed person or Commissioner, as the case may be, not later than 31 March each year a report in respect of the immediately preceding calendar year containing—

(a) a statement confirming that the public body, prescribed person or Commissioner has in place either or both of the following:

(i) internal reporting channels and procedures;

(ii) there are external reporting channels and procedures,

and

(b) the information provided to the Minister under subsection (1).

(6) Where a public body publishes a report of its activities in respect of any calendar year, the information referred to in subsection (5) may be included in the report.

(7) The Commissioner shall, not later than 1 March in each year, provide to the Minister in respect of the immediately preceding calendar year, in a form which does not enable the identification of reporting persons or persons concerned, information regarding the number of reports transmitted by the Commissioner to other persons under sections 10C(1)(b) and 10D(1)(b).

(8) The Minister may request, in writing, from a public body or prescribed person or the Commissioner, as the case may be, such further information relating to the performance of the functions of the public body, prescribed body or Commissioner concerning the implementation of this Act as the Minister may reasonably require for the purposes of this section.

(9) (a) The Commissioner shall, as soon as practicable but not later than 6 months after the end of each year, cause a report on the performance of his or her functions under this Act (in this subsection referred to as the ‘annual report’) to be laid before each House of the Oireachtas and may, from time to time, cause to be laid before each such House such other reports with respect to those functions as he or she thinks fit.

(b) Notwithstanding paragraph (a), if, but for this paragraph, the first annual report would relate to a period of less than 6 months, the first annual report shall relate to that period and to the year immediately following that period and shall be made as soon as practicable, but not later than 6 months after the end of that year.

(c) An annual report shall include information in such form and regarding such matters as the Commissioner thinks fit or as the Minister may direct.

(d) Nothing in this subsection shall be construed as requiring the Commissioner to include information the inclusion of which would, in the opinion of the Commissioner, be likely to prejudice the performance of his or her functions under this Act.”.