Protected Disclosures

Protected Disclosures.

The Protected Disclosures Act 2014 (the Act) as amended by the Protected Disclosures (Amendment) Act No 27 of 2022 allows for the protection of persons, from the taking of action against them, in respect of the making of certain disclosures in the public interest.

Protected Disclosures can be made:

• Internally.
• Externally.

A Protected Disclosure is defined as a disclosure of relevant information related to wrongdoing, and information is relevant if: 

• In the reasonable belief of the staff/person, it tends to show one or more ‘relevant wrongdoings’ and
• It came to the attention of the staff/person in connection with the staff’s/person’s employment.

For the purpose of the Act, the following matters are relevant wrongdoings:

(a)        that an offence has been, is being or is likely to be committed,

(b)        that a person has failed, is failing or is likely to fail to comply with any legal obligation, other                            than one arising under the worker’s contract of employment or other contract whereby the                                worker undertakes to do or perform personally any work or services,

(c)        that a miscarriage of justice has occurred, is occurring or is likely to occur,

(d)        that the health or safety of any individual has been, is being or is likely to be endangered,

(e)        that the environment has been, is being or is likely to be damaged,

(f)         that an unlawful or otherwise improper use of funds or resources of a public body, or of other public                 money, has occurred, is occurring or is likely to occur,

(g)        that an act or omission by or on behalf of a public body is oppressive, discriminatory or grossly                           negligent or constitutes gross mismanagement,

(h)        that a breach has occurred, is occurring or is likely to occur, or

(i)         that information tending to show any matter falling within any of the preceding paragraphs has been,              is being or is likely to be concealed or destroyed or an attempt has been, is being or is likely to be                    made to conceal or destroy such information.

Prescribed person for external disclosures.

External disclosures may be made to certain persons who are prescribed to be the recipient of disclosures (“prescribed persons”).

Such disclosures may be made by persons who are not employed by the CRR but who are employees, agency workers, contractors, trainees, volunteers, board members, shareholders and job applicants of other organisations in the public, private and non-for-profit sectors.

Such disclosure to the CRR (as a prescribed body) are required to relate to matters relating to the regulation of railway safety in the State including matters relating to railway and cableway safety on passenger carrying systems and freight carrying systems where those systems interface with public roads.

External disclosures are managed through the CRR dedicated external secure, confidential and GDPR compliant channel at protecteddisclosures@crr.ie.

Disclosures can also be made by phone at 01 2068147.

Annual Report under the Protected Disclosures Act 2014.

Under the Protected Disclosures Act 2014 Section 22, every public body is required to publish a report on the number of protected disclosures made to the public body in the preceding year and the action taken (if any) in response to the protected disclosures. The CRR incorporates this report into its Annual Report to the Minister.