The Protected Disclosures Act 2014 as amended by the Protected Disclosures (amendment) Act 2022:

 The Protected Disclosures Act 2014, as amended by the Protected Disclosures (amendment) Act 2022, protects workers in the public, private and not-for-profit sectors if they speak up about or raise concerns relating to wrongdoing in the workplace.  Workers can report wrongdoing internally to the employer or externally to a third party, such as a prescribed person.

Specifically, the key objectives of the legislation are as follows:

• To encourage workers to raise reasonable concerns regarding possible wrongdoing in the workplace so that these concerns can be addressed.
• To underpin a working environment in which the primary focus is on responding to the 'message' (i.e. the reporting of wrongdoing) rather than on the 'messenger' (i.e. the worker making the report).
• To reinforce the legal requirement that employers should not penalise a worker who makes a protected disclosure.
• To ensure that a competent and timely assessment and investigation of reports of wrongdoing takes place followed, where necessary, by an appropriate response.

"Protected disclosure" means the disclosure of relevant information, which in the reasonable belief of the worker tends to show one or more relevant wrongdoings and came to the attention of the worker in a work related context.

"Worker" for the purposes of the Act, a worker means an individual who has acquired information on a relevent wrongdoing in work related context.

The following matters are relevant wrong doings:-

(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 of specified EU law set out in the Directive has occurred, is occurring or is likely to occur, or 

(i) that information tending to show any (of the above)  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.

Wicklow County Council Protected Disclosures Policy

Wicklow County Council is committed to ensuring that the culture and work environment are such that any employee/worker is encouraged and supported to report on any issue that may impact adversely on Wicklow County Council’s ability to deliver a high quality service and in this regard has introduced and implemented policy procedures for the making of protected disclosures.

The purpose of the policy and procedure is:

• To encourage workers to report internally any concerns, as soon as possible, they may have regarding potential wrongdoing in the workplace, in the knowledge that their concerns will be taken seriously and investigated, where appropriate, and that their confidentiality will be respected, in the manner provided by the Protected Disclosures Act 2014 as amended by the Protected Disclosures (amendment) Act 2022.
• To highlight that it is always appropriate to raise such concerns when they are based on a reasonable belief irrespective of whether any wrongdoing is in fact subsequently identified.
• To provide workers with guidance on how to raise concerns.
• To reassure workers that they can report relevant wrongdoings without fear of penalisation.

Copies of Wicklow County Council's Protected Disclosures Policy and Procedures in relation to internal and external reporting are available below.

Audit Committee Protocol for dealing with receipt of disclosures about financial reporting or other financial matters

In accordance with the Local Government (Audit Committee) Regulations 2014, which requires the Wicklow County Council Audit Committee to ensure that procedures are in place whereby employees of the Council may, in confidence, raise concerns about possible irregularities in financial reporting or other financial matters, the Wicklow County Council Protocol for dealing with receipt of disclosures about Financial Reporting or other Financial Matters under the Local Government (Audit Committee) Regulations 2014 and in accordance with the Protected Disclosures Act 2014 has been implemented and is available on the Council's internet www.wicklow.ie.

The designated officer to receive external protected disclosures for Wicklow County Council is:

Ms. Lorraine Gallagher

Director of Services

Enterprise & Corporate Services

Phone: 0404 20100

Email: externalprotecteddisclosures@wicklowcoco.ie

The designated officer to receive internal protected disclosures for Wicklow County Council is:

Ms. Helen Purcell
Senior Executive Officer
Enterprise and Corporate Services

Phone: (0404) 20100

Email: internalprotecteddisclosures@wicklowcoco.ie.