The Protected Disclosures (Amendment) Act 2022: Three years on
The Protected Disclosures (Amendment) Act 2022, which came into effect on 1 January 2023, marked a significant overhaul of Ireland’s whistleblowing framework, write Cian Clifford, Solicitor; and Pat McInerney, Partner and Head of Public Sector and Regulatory at Beauchamps.
Introduced to transpose the EU Whistleblowing Directive (2019/1937) into Irish law, the 2022 Act strengthened the protections originally provided under the Protected Disclosures Act 2014. These reforms were designed to create a more robust system for reporting wrongdoing, enhancing transparency, and imposing clearer obligations on employers, particularly public sector bodies.
In 2025, the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation Jack Chambers TD published a report detailing the number of protected disclosures submitted to public bodies in 2023. A total of 1,162 reports were received by public bodies during that year, demonstrating that the culture around whistleblowing is evolving, in part due to the reforms introduced by the 2022 Act. As we approach the third anniversary of the 2022 Act’s commencement, it is timely to reflect on the key changes introduced and their impact on public sector organisations.
‘Relevant wrongdoing’
One of the most significant reforms was the expansion of the definition of “relevant wrongdoing”. The Protected Disclosures Act now covers a wider range of breaches, including infringements of EU law in areas such as public procurement, consumer protection, and environmental regulation. This expansion has closed loopholes that previously existed under the 2014 Act. The Minister’s annual report highlights that of the 1,162 reports received by public bodies in 2023, 211 related to breaches of EU law. Without the reforms introduced by the 2022 Act, these reports may have gone unreported, as the individuals concerned would not have been afforded protection under the previous legislation.
Broader protection for individuals
In addition to expanding the scope of wrongdoing, the 2022 Act widened the category of individuals entitled to protection. Under the 2014 Act, employees, consultants, contractors, agency workers, and those on work experience were protected from penalisation for making a disclosure. The 2022 Act extended these protections to non-executive directors, shareholders, volunteers, interns, and even job applicants. This acknowledges that wrongdoing can be observed by individuals outside traditional employment relationships and ensures they are not deterred from reporting due to fear of retaliation.
The 2022 Act also introduced a new section 5(5A) into the 2014 Act, which clarifies that purely personal grievances, such as interpersonal disputes, do not constitute protected disclosures. In practice, this distinction can be challenging for public bodies, as disclosures often overlap with personal grievances, requiring careful assessment to determine whether the matter falls within the statutory framework.
Oversight and enforcement
Another major reform was the establishment of the Office of the Protected Disclosures Commissioner, an independent body with oversight powers. The Commissioner can receive and redirect disclosures, monitor compliance, and publish annual reports. In 2023, the Commissioner received 283 reports in addition to those submitted directly to public bodies, underscoring its growing role in Ireland’s whistleblowing regime. The creation of this office provides an additional layer of accountability and ensures that disclosures are handled consistently and appropriately across the public sector.
Expansion of the definition of penalisation
The 2022 Act also broadened the definition of “penalisation” to capture a wider range of retaliatory actions. It now includes withholding training, failing to convert a temporary contract into a permanent one where there was a legitimate expectation, failure to renew or early termination of temporary employment contracts, harm, including harm to a worker’s reputation, blacklisting, the early cancellation or termination of services contracts, cancellation of licences or permits, and even psychiatric or medical referrals. This expanded definition closes gaps that previously allowed certain behaviours to fall outside the scope of protection, reinforcing the principle that whistleblowers should not suffer any detriment for speaking up.
“Implementing robust systems, prioritising confidentiality, and fostering a culture of openness are essential steps in meeting statutory obligations and strengthening public trust.”
It is also worth noting that the 2022 Act amended the 2014 Act by introducing section 12(7C), which reverses the burden of proof in penalisation claims, placing it on the employer. Under section 12(7C), any act or omission is presumed to have occurred as a result of a worker making a protected disclosure unless the employer can demonstrate that the action was taken on “duly justified grounds”.
Reporting mechanisms
The 2022 Act introduced a new section 6A into the 2014 Act, setting out detailed requirements for internal reporting channels and procedures. Public bodies must ensure that these channels are secure and maintain the confidentiality of the reporting person and any individuals referenced in the disclosure. They must acknowledge receipt of a disclosure within seven days and provide feedback within three months, with further updates at three-month intervals if requested. A designated person must be appointed to manage communications, conduct an initial assessment, and determine whether there is evidence of wrongdoing. Where evidence exists, appropriate action must be taken. Organisations must also provide clear and accessible information on how to make a disclosure, and reports should be capable of being made orally or in writing.
These procedural requirements impose significant obligations on public bodies, requiring investment in systems, training, and resources to ensure compliance. Failure to meet these standards could expose organisations to legal liability and reputational damage.
The 2022 Act represents a decisive shift in Ireland’s approach to whistleblowing. The changes introduced have not only expanded the scope of wrongdoing and broadened protections for individuals but have also imposed stricter obligations on public bodies to manage disclosures effectively and confidentially. The reporting figures for 2023 suggest that these reforms are having a tangible impact on the culture of whistleblowing in Ireland.
For public sector bodies, compliance is not merely a legal requirement but a strategic imperative. Implementing robust systems, prioritising confidentiality, and fostering a culture of openness are essential steps in meeting statutory obligations and strengthening public trust. Organisations that embrace these reforms will be better positioned to demonstrate integrity, accountability, and resilience in the years ahead.
