New law to fill Garda whistleblower gap

The Minister for Justice will make new regulations for the protection of Garda whistleblowers, to allow them report wrongdoing in the force, the Dáil has heard.

Minister for Public Expenditure and Reform Brendan Howlin made the announcement as he introduced new whistleblower legislation, called the Protected Disclosures Bill, which was passed by the Seanad in November.

The legislation addresses a "significant gap in Ireland's anti-corruption framework", he said. Referring to the Garda penalty points whistleblower controversy, Mr Howlin said members of An Garda Síochána "ought to have the capacity to report wrongdoing in the force, if not in exactly the same fashion, at least on an equivalent basis to every other worker in employment in the State".

The Bill would “update the position for whistleblowing in An Garda Síochána”. The legislation “amends the Garda Síochána Act 2005 so as to require the Minister for Justice to make new regulations for the making of protected disclosures” by gardaí.

Mr Howlin said the Minister for Justice would make the regulations following consultation with the Garda Commissioner, the Ombudsman Commission and the inspectorate, and with the approval of the Government.

He added that the regulations “must contain provisions for internal and external reporting and distinguish the disclosure rules relating to non-sensitive and sensitive information”.

Mr Howlin said he was satisfied the regulation would not only address the particular needs of the Garda but would “closely mirror the nature of protections available to all other workers in the State and not disadvantage any member of An Garda Síochána”.