On 20th November 2023, the Minister for Public Expenditure, NDP Delivery & Reform published new Statutory Guidance for public bodies on the Protected Disclosures Act 2014,following on from the amendment of the Act last year. The purpose of the Guidance is to assist primarily public bodies, but also the private sector, in understanding their obligations under the Act and give practical advice as regards best practice in setting up and operating reporting channels for workers to raise concerns about wrongdoing in the workplace. The Minister expressly stated that he hoped that the private sector organisations would also find this Guidance useful.
The new Guidance builds on the Interim Guidance published last year and includes template policies which we advise should be reviewed to ensure that your Protected Disclosure Policy meets the standard set by the template. The Guidance also emphasises the importance of organisational culture, ethics and integrity as a key determining factor in how successful a protected disclosure channel will operate in practice.
We recommend that organisations should review their current Protected Disclosure Policies in light of this new Guidance. If you require assistance and advice to ensure that your Protected Disclosure Policy reflects the new Guidance, we would be delighted to assist you.
Author – Anne O’Connell