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Protected Disclosure (Amendments) Bill 2022

As Amended At The Select Committee Stage On 23rd March 2022

The Protected Disclosure (Amendments) Bill 2022 (the “Bill”) was published on 8th February 2022. The purpose of the Bill is to amend the Protected Disclosures Act 2014 (the “2014 Act”) to give effect to Directive (EU) 2019/1937 on the protection of persons who report breaches of European Union law (the “Directive”). The deadline for transposition of the Directive was 17th December 2021.

On 27th January 2022, the EU Commission commenced infringement proceedings against Ireland and 23 other Member States for delay in transposing the Directive.  This will put pressure on the Government to finalise and enact the Bill. Some of the initial issues with the Bill have already been amended at the Select Committee Stage on 23rd March 2022. Two of the main issues remaining to be addressed are the retrospective application of the Bill and the drafting of the exclusion of personal grievances.

The significant amendments to the 2014 Act introduced by the Bill are summarised as follows:

Link to the Bill  – https://data.oireachtas.ie/ie/oireachtas/bill/2022/17/eng/ver_a/b17a22d.pdf

Authors – Anne O’Connell, Nicola MacCarthy

31st March 2022

Anne O’Connell Solicitors

19-22 Lower Baggot Street, Dublin 2

www.aocsolicitors.ie

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