PROTECTED DISCLOSURES ACT 2014 (2014_act_14) | IE

ISB Act 2014-07-08

Schedule 1 PROTECTED DISCLOSURES ACT 2014 Open official source

SCHEDULE 1 Interim Relief Pending Determination of Claim for Unfair Dismissal

SCHEDULE 1

Interim Relief Pending Determination of Claim for Unfair Dismissal

Section 11.

Application for interim relief.

1. (1) An employee who claims to have been dismissed by the employee’s employer wholly or mainly for having made a protected disclosure may apply to the Circuit Court for interim relief.

(2) The Circuit Court shall not entertain an application for interim relief unless it is presented to the Court before the end of the period of 21 days immediately following the date of dismissal (whether before, on or after that date) or such longer period as the Court may allow.

(3) The Court shall determine the application for interim relief as soon as practicable.

(4) The employee shall give the employer prior written notice of intention to make the application for interim relief.

(5) The Court shall not exercise any power it has of postponing the hearing of an application for interim relief except where it is satisfied that special circumstances exist which justify it in doing so.

Procedure on hearing of application and making of order.

2. (1) This paragraph applies where, on hearing an employee’s application for interim relief, it appears to the Court that it is likely that there are substantial grounds for contending that dismissal results wholly or mainly from the employee having made a protected disclosure.

(2) The Court shall announce its findings and explain to both parties (if present)—

(a) what powers the Court may exercise on the application, and

(b) in what circumstances it will exercise them.

(3) The Court shall ask the employer (if present) whether the employer is willing, pending the determination or settlement of the claim—

(a) to reinstate the employee (that is, to treat the employee in all respects as if the employee had not been dismissed), or

(b) if not, to re-engage the employee in another position on terms and conditions not less favourable than those which would have been applicable to the employee if the employee had not been dismissed.

(4) For the purposes of subparagraph (3)(b) “terms and conditions not less favourable than those which would have been applicable to the employee if the employee had not been dismissed” means, as regards seniority, pension rights and other similar rights, that the period before the dismissal should be regarded as continuous with the employee’s employment following the dismissal.

(5) If the employer states a willingness to reinstate the employee, the Court shall make an order to that effect.

(6) If the employer—

(a) states a willingness to re-engage the employee in another position, and

(b) specifies the terms and conditions on which the employer is willing to do so,

the Court shall ask the employee whether he or she is willing to accept the position on those terms and conditions.

(7) If the employee is willing to accept the position on those terms and conditions, the Court shall make an order to that effect.

(8) If the employee is not willing to accept the position on those terms and conditions—

(a) where the Court is of the opinion that the refusal is reasonable, the Court shall make an order for the continuation of the employee’s contract of employment, and

(b) otherwise, the Court shall make no order.

(9) If on the hearing of an application for interim relief the employer—

(a) fails to attend before the Court, or

(b) states an unwillingness either to reinstate or to re-engage the employee as mentioned in subparagraph (3),

the Court shall make an order for the continuation of the employee’s contract of employment.

Order for continuation of contract of employment.

3. (1) An order under paragraph 2 for the continuation of an employee’s contract of employment is an order that the contract of employment continue in force—

(a) for the purposes of pay or any other benefit derived from the employment, seniority, pension rights and other similar matters, and

(b) for the purposes of determining for any purpose the period for which the employee has been continuously employed,

from the date of its termination (whether before or after the making of the order) until the determination or settlement of the claim.

(2) Where the Court makes such an order it shall specify in the order the amount which is to be paid by the employer to the employee by way of pay in respect of each normal pay period, or part of any such period, falling between the date of dismissal and the determination or settlement of the claim.

(3) Subject to the following provisions, the amount so specified shall be that which the employee could reasonably have been expected to earn during that period, or part, and shall be paid—

(a) in the case of a payment for any such period falling wholly or partly after the making of the order, on the normal pay day for that period, and

(b) in the case of a payment for any past period, within such time as may be specified in the order.

(4) If an amount is payable in respect only of part of a normal pay period, the amount shall be calculated by reference to the whole period and reduced proportionately.

(5) Any payment made to an employee by an employer under his or her contract of employment, or by way of damages for breach of that contract, in respect of a normal pay period, or part of any such period, goes towards discharging the employer’s liability in respect of that period under subparagraph (2) ; and, conversely, any payment under that subparagraph in respect of a period goes towards discharging any liability of the employer under, or in respect of breach of, the terms and conditions of employment or contract of employment in respect of that period.

(6) If an employee, on or after being dismissed, receives a lump sum which, or part of which, is in lieu of wages but is not referable to any normal pay period, the Court shall take the payment into account in determining the amount of pay to be payable in pursuance of any such order.

(7) For the purposes of this paragraph, the amount which an employee could reasonably have been expected to earn, the employee’s normal pay period and the normal pay day for each such period shall be determined as if the employee had not been dismissed.

Application for variation or revocation of order.

4. (1) At any time between—

(a) the making of an order under paragraph 2, and

(b) the determination or settlement of the claim,

the employer or the employee may apply to the Court for the revocation or variation of the order on the ground of a relevant change of circumstances since the making of the order.

(2) Paragraphs 1 and 2 apply in relation to such an application as in relation to an original application for interim relief except that, in the case of an application by the employer, paragraph 1(4) has effect with the substitution of a reference to the employee for the reference to the employer and of a reference to the employer for the reference to the employee.

Consequence of failure to comply with order.

5. (1) If, on the application of an employee, the Court is satisfied that the employer has not complied with the terms of an order for the reinstatement or re-engagement of the employee under paragraph 2, the Court shall—

(a) make an order for the continuation of the employee’s contract of employment, and

(b) order the employer to pay compensation to the employee.

(2) Compensation under subparagraph (1)(b) shall be of such amount as the Court considers just and equitable in all the circumstances having regard—

(a) to the infringement of the employee’s right to be reinstated or re-engaged in pursuance of the order, and

(b) to any loss suffered by the employee in consequence of the non-compliance.

(3) Paragraph 3 applies to an order under subparagraph (1)(a) as in relation to an order under paragraph 2.

(4) If on the application of an employee the Court is satisfied that the employer has not complied with the terms of an order under subparagraph (1)(a) for the continuation of the employee’s contract of employment subparagraph (5) or (6) applies.

(5) Where the non-compliance consists of a failure to pay an amount by way of pay specified in the order, the Court shall determine the amount owed by the employer on the date of the determination.

(6) In any other case, the Court shall order the employer to pay the employee such compensation as the Court considers just and equitable in all the circumstances having regard to any loss suffered by the employee in consequence of the non- compliance.

(7) Any sum awarded to the employee on the determination of the claim that he or she has been unfairly dismissed shall be specified separately from any amount determined under subparagraph (5).

ISB Act 2014-07-08

Schedule 2 PROTECTED DISCLOSURES ACT 2014 Open official source

SCHEDULE 2 Redress for Contravention of section 12(1)

SCHEDULE 2

Redress for Contravention of section 12(1)

Section 12.

Complaints to rights commissioner.

1. (1) Where an employee has made a protected disclosure—

(a) the employee (or, in the case of an employee who has not reached the age of 18 years, the employee’s parent or guardian with the consent of the employee), or

(b) with the consent of the employee, any trade union of which the employee is a member,

may present a complaint to a rights commissioner that the employee’s employer has contravened section 12(1) in relation to the employee.

(2) Where a complaint under subparagraph (1) is made, the rights commissioner shall—

(a) give the parties an opportunity to be heard by the commissioner and to present to the commissioner any evidence relevant to the complaint,

(b) give a decision in writing in relation to it, and

(c) communicate the decision to the parties.

(3) A decision of a rights commissioner under subparagraph (2) shall do one or more of the following

(a) declare that the complaint was or was not well founded;

(b) require the employer to take a specified course of action;

(c) require the employer to pay compensation of such amount (if any) as is just and equitable having regard to all the circumstances, but not exceeding 260 weeks remuneration in respect of the employee’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977.

(4) In determining the amount of compensation that is just and equitable in a case in which the investigation of the relevant wrongdoing concerned was not the sole or main motivation for making the disclosure, the amount that would be just and equitable may be up to 25 per cent less than it would otherwise be.

(5) The references in clauses (b) and (c) of subparagraph (3) to the employer shall be construed, in a case where ownership of the business of the employer changes after the contravention to which the complaint relates occurred, as references to the person who, by virtue of the change, becomes entitled to such ownership.

(6) Subject to subparagraphs (7) and (8), a rights commissioner shall not entertain a complaint under this paragraph if it is presented after the end of the period of 6 months beginning on the date of the contravention to which the complaint relates.

(7) Notwithstanding subparagraph (6), a rights commissioner may entertain a complaint under this paragraph presented after the end of the period referred to in subparagraph (6), but not later than 6 months after the end of that period, if satisfied that the failure to present the complaint within that period was due to exceptional circumstances.

(8) Where a delay by an employee in presenting a complaint under this paragraph is due to any misrepresentation by the employer, subparagraph (6) shall be construed as if the reference to the date of the contravention were a reference to the date on which the misrepresentation came to the employee’s notice.

(9) A complaint shall be presented by giving notice of it in writing to a rights commissioner and the notice shall contain such particulars and be in such form as may be specified from time to time by the Minister for Jobs, Enterprise and Innovation.

(10) A copy of a notice under subparagraph (9) shall be given to the other party concerned by the rights commissioner.

(11) Proceedings under this paragraph before a rights commissioner shall be conducted otherwise than in public.

(12) A rights commissioner shall furnish the Labour Court with a copy of each decision given by the commissioner under subparagraph (2).

Appeal from decision of rights commissioner.

2. (1) A party concerned may appeal to the Labour Court from a decision of a rights commissioner under paragraph 1(2) and, if the party does so, the Labour Court shall—

(a) give the parties an opportunity to be heard by it and to present to it any evidence relevant to the appeal,

(b) make a determination in writing in relation to the appeal affirming, varying or setting aside the decision, and

(c) communicate the determination to the parties.

(2) An appeal under this paragraph shall be initiated by the party concerned giving, within 6 weeks (or such greater period as the Labour Court may determine in the particular circumstances) from the date on which the decision to which it relates was communicated to the party, a notice in writing to the Labour Court containing such particulars as are determined by the Labour Court under clause (e), and (in so far as it relates to clause (e)) clause (f), of subparagraph (4) and stating the intention of the party concerned to appeal against the decision.

(3) A copy of a notice under subparagraph (2) shall be given by the Labour Court to any other party concerned as soon as practicable after the receipt of the notice by the Labour Court.

(4) The Labour Court shall determine the following matters and the procedures to be followed in relation to them

(a) the procedure in relation to all matters concerning the initiation and the hearing by the Labour Court of appeals under this paragraph;

(b) the times and places of hearings of such appeals;

(c) the representation of the parties to such appeals;

(d) the publication and notification of determinations of the Labour Court;

(e) the particulars to be contained in a notice under subparagraph (2);

(f) any matters consequential on, or incidental to, any of the matters referred to in clauses (a) to (e).

(5) The Labour Court may refer a question of law arising in proceedings before it under this paragraph to the High Court for its determination and the determination of the High Court shall be final and conclusive.

(6) A party to proceedings before the Labour Court under this paragraph may appeal to the High Court from a determination of the Labour Court on a point of law and the determination of the High Court shall be final and conclusive.

Paragraphs 1 and 2: supplementary provisions.

3. (1) The Labour Court shall, on the hearing of any appeal referred to it under paragraph 2, have power to take evidence on oath or on affirmation and for that purpose may cause persons attending as witnesses at that hearing to swear an oath or make an affirmation.

(2) The Labour Court may, by giving notice in that behalf in writing to any person, require such person to attend at such time and place as is specified in the notice and—

(a) to give evidence in relation to any matter appealed to the Labour Court under paragraph 2, or

(b) to produce any document specified in the notice relating to the matter in the person’s possession or power.

(3) A witness at a hearing of an appeal before the Labour Court has the same privileges and immunities as a witness before the High Court.

(4) Where—

(a) a decision of a rights commissioner in relation to a complaint under this Schedule has not been carried out in accordance with its terms, and

(b) the time for bringing an appeal against the decision has expired and no such appeal has been brought or, if such an appeal has been brought, it has been abandoned,

the employee concerned (or, in the case of an employee who has not reached the age of 18 years, the employee’s parent or guardian with the consent of the employee) or, with the consent of the employee, any trade union of which the employee is a member, may bring the complaint before the Labour Court and the Labour Court shall, without hearing the employer concerned or any evidence (other than in relation to the matters mentioned in clauses (a) and (b)), make a determination to the same effect as the decision.

(5) The bringing of a complaint before the Labour Court under subparagraph (4) shall be effected by giving to the Labour Court a written notice containing such particulars (if any) as may be determined by the Labour Court.

(6) The Labour Court shall publish, in a manner it considers appropriate, particulars of any determination made by it under any of clauses (a) to (f) of subparagraph (4) of paragraph 2 (not being a determination as respects a particular appeal under that paragraph) and subparagraph (5).

Enforcement of determinations of Labour Court.

4. (1) If an employer fails to carry out in accordance with its terms a determination of the Labour Court in relation to a complaint under paragraph 1 within the period of 28 days beginning on the date on which the determination is communicated to the parties, the Circuit Court shall, on application made to it in that behalf by—

(a) the employee concerned (or, in the case of an employee who has not reached the age of 18 years, the employee’s parent or guardian with the employee’s consent), or

(b) with the consent of the employee, any trade union of which the employee is a member,

without hearing the employer or any evidence (other than in relation to the failure), make an order directing the employer to carry out the determination in accordance with its terms.

(2) The reference in subparagraph (1) to a determination of the Labour Court is a reference to a determination in relation to which, at the end of the period for bringing an appeal against it, no such appeal has been brought or, if such an appeal has been brought, it has been abandoned, and the reference in that subparagraph to the date on which the determination is communicated to the parties shall, in a case where an appeal is abandoned, be read as a reference to the date of the abandonment.

(3) In an order under this paragraph providing for the payment of compensation, the Circuit Court may, if in all the circumstances it considers it appropriate to do so, direct the employer concerned to pay interest on the compensation (at the rate per annum standing specified for the time being in section 26 of the Debtors (Ireland) Act 1840) for each day or part of a day falling within the period beginning 28 days after the day on which the determination of the Labour Court is communicated to the parties and ending on the day immediately before the day on which the order of the Circuit Court is made.

(4) An application under this paragraph to the Circuit Court shall be made to the judge of the Circuit Court for the circuit in which the employer concerned ordinarily resides or carries on any profession, trade, business or occupation.

Provisions relating to winding up and bankruptcy.

5. (1) There shall be included among the debts which, under section 285 of the Companies Act 1963 are, in the distribution of the assets of a company being wound up, to be paid in priority to all other debts, all compensation payable by virtue of a decision under paragraph 1(2)(b) or a determination under paragraph 2(1)(b) by the company to an employee, and that Act shall have effect accordingly.

(2) There shall be included among the debts which, under section 81 of the Bankruptcy Act 1988 are, in the distribution of the property of a bankrupt or arranging debtor, to be paid in priority to all other debts, all compensation payable by virtue of a decision under paragraph 1(2)(b) or a determination under paragraph 2(1)(b) by the bankrupt or arranging debtor to an employee, and that Act shall have effect accordingly.

(3) Formal proof of the debts to which priority is given under subparagraph (1) or (2) shall not be required except in cases where it may otherwise be provided under the Companies Act 1963 or the Bankruptcy Act 1988.

Amendment of Protection of Employees (Employers’ Insolvency) Act 1984.

6. Section 6 of the Protection of Employees (Employers’ Insolvency) Act 1984 is amended—

(a) in subsection (2) (a) —

(i) in subparagraph (xxix) by deleting “and” after “that Act,”,

(ii) in subparagraph (xxx) by substituting “that Schedule, and” for “that Schedule.”, and

(iii) by inserting the following subparagraph after subparagraph (xxx)

“(xxxi) any amount which an employer is required to pay by virtue of a decision of a rights commissioner under paragraph 1(2)(b) of Schedule 2 to the Protected Disclosures Act 2014 or a determination by the Labour Court under paragraph 2(1)(b) of that Schedule.”,

(b) in subsection (2) (b) by substituting “, (xxx) or (xxxi) ” for “or (xxx) ”,

(c) in subsection (2) (c) by substituting “, (xxx) or (xxxi) ” for “or (xxx) ”, and

(d) in subsection (9), in the definition of “relevant date”, by substituting “, (xxx)or (xxxi) ” for “or (xxx) ”.

ISB Act 2014-07-08

Schedule 3 PROTECTED DISCLOSURES ACT 2014 Open official source

SCHEDULE 3 Disclosures Recipient

SCHEDULE 3

Disclosures Recipient

Section 18.

Appointment.

(1) The Taoiseach shall appoint as the Disclosures Recipient a person who is a judge or retired judge of the High Court.

Term of office.

2. (1) The Disclosures Recipient shall hold office for an initial term of 5 years and is eligible for re-appointment for one further term of 5 years.

(2) The Disclosures Recipient may at any time resign by letter addressed to the Taoiseach, and the resignation takes effect on the date the Taoiseach receives the letter.

(3) The Taoiseach may remove the Disclosures Recipient from office, but only for stated misbehaviour or for incapacity.

(4) A person ceases to be the Disclosures Recipient on being—

(a) nominated as a member of Seanad Éireann,

(b) elected as a member of either House of the Oireachtas or of the European Parliament,

(c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to the European Parliament to fill a vacancy, or

(d) becoming a member of a local authority.

Terms and conditions.

3. The terms and conditions (including terms relating to allowances for expenses and, in the case of a person who is a retired judge of the High Court, terms relating to remuneration) on which the Disclosures Recipient holds office are such as may be determined at the time of appointment (or re-appointment) by the Taoiseach after consultation with the Minister for Public Expenditure and Reform.

Administration and support services.

4. The Minister shall provide such administration and support services to the Disclosures Recipient as are necessary for the performance of his or her functions.

Functions.

5. Where a protected disclosure is made to the Disclosures Recipient under section 18, the Disclosures Recipient shall consider the relevant information and—

(a) if he or she considers that the disclosure of relevant information is not one to which section 18 applies, shall give notice to the person by whom the disclosure was made stating that, and

(b) otherwise, shall make a report—

(i) referring the relevant information for consideration by the holder of such public office, or such public body, as appears to the Disclosures Recipient to be the most appropriate to consider the relevant information, and

(ii) including any such recommendations for the taking of action in relation to the relevant information as the Disclosures Recipient may consider appropriate.

Reports.

6. No later than 31 March in each year the Disclosures Recipient shall submit to the Taoiseach a report on his or her activities in the immediately preceding year.

ISB Act 2014-07-08

Schedule 4 PROTECTED DISCLOSURES ACT 2014 Open official source

SCHEDULE 4 Amendments

SCHEDULE 4

Amendments

Section 24.

PART 1 Amendment of Acts

PART 1

Amendment of Acts

Section 24(1).

Item (1)

Item

(1)

Short title, number and year (2)

Short title, number and year

(2)

Provision affected (3)

Provision affected

(3)

Amendment (4)

Amendment

(4)

1

Protections for Persons Reporting Child Abuse Act 1998 (No. 49 of 1998)

Section 3

After subsection (2) insert— “(3) This section does not apply to a communication that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

After subsection (2) insert—

“(3) This section does not apply to a communication that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

Section 4

After subsection (1) insert— “(1A) Subsection (1) does not apply to a communication that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

After subsection (1) insert—

“(1A) Subsection (1) does not apply to a communication that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

Section 5

After subsection (1) insert— “(1A) This section does not apply to the making of a statement that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

After subsection (1) insert—

“(1A) This section does not apply to the making of a statement that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

2

Prevention of Corruption (Amendment) Act 2001 (No. 27 of 2001)

Section 8A

(a) After subsection (2) insert— “(2A) Subsection (1) does not apply to a communication, or furnishing of information, that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

(a) After subsection (2) insert—

“(2A) Subsection (1) does not apply to a communication, or furnishing of information, that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

(b) After subsection (5) insert—

“(5A) Subsection (5) does not apply to a communication, or furnishing of information, that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

3

Standards in Public Office Act 2001 (No. 31 of 2001)

Section 5

After subsection (2) insert— “(2A) Subsection (1) does not apply to the making of a complaint, or the furnishing of information, that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

After subsection (2) insert—

“(2A) Subsection (1) does not apply to the making of a complaint, or the furnishing of information, that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

4

Competition Act 2002 (No. 14 of 2002)

Section 50

(a) After subsection (2) insert— “(2A) Subsection (1) does not apply to a communication that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

(a) After subsection (2) insert—

“(2A) Subsection (1) does not apply to a communication that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

(b) After subsection (3) insert—

“(3A) Subsection (3) does not apply to a communication that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

(c) After subsection (5) insert—

“(5A) Subsection (5) does not apply to the making of a statement that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

5

Communications Regulation Act 2002 (No. 20 of 2002)

Section 24A

After subsection (2) insert— “(2A) Subsection (1) does not apply where the disclosure is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

After subsection (2) insert—

“(2A) Subsection (1) does not apply where the disclosure is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

Section 24B

After subsection (1) insert—

“(1A) Subsection (1) does not apply where the disclosure is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

Section 24C

Renumber as subsection (1) and after that subsection insert—

“(2) Subsection (1) does not apply where the disclosure is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

6

Health Act 2004 (No. 42 of 2004)

Section 55L

After subsection (3) insert— “ (4) This section does not apply where the protected disclosure is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

After subsection (3) insert—

“

(4) This section does not apply where the protected disclosure is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

Section 55M

After subsection (1) insert—

“(1A) Subsection (1) does not apply where the protected disclosure is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

Section 55S

After subsection (1) insert—

“(1A) This section does not apply where the disclosure is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

7

Employment Permits Act 2006 (No. 16 of 2006)

Section 26

After subsection (3) insert— “(3A) Subsection (3) does not apply where the complaint is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

After subsection (3) insert—

“(3A) Subsection (3) does not apply where the complaint is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

8

Consumer Protection Act 2007 (No. 19 of 2007)

Section 87

(a) After subsection (2) insert— “(2A) Subsection (1) does not apply to a communication that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

(a) After subsection (2) insert—

“(2A) Subsection (1) does not apply to a communication that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

(b) After subsection (3) insert—

“(3A) Subsection (3) does not apply to a communication that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

(c) After subsection (5) insert—

“(5A) Subsection (5) does not apply to the making of a statement that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

9

Chemicals Act 2008 (No. 13 of 2008)

Section 25

Renumber as subsection (1) and after that subsection insert—

“(2) Subsection (1) does not apply to a communication that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

Section 26

After subsection (1) insert—

“(1A) Subsection (1) does not apply to a communication that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

10

Charities Act 2009 (No. 6 of 2009)

Section 61

Renumber as subsection (1) and after that subsection insert—

“(2) Subsection (1) does not apply to a communication that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

Section 62

After subsection (1) insert—

“(1A) Subsection (1) does not apply to a communication that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

11

National Asset Management Agency Act 2009 (No. 34 of 2009)

Section 222

After subsection (3) insert— “ (4) This section does not apply to a communication that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

After subsection (3) insert—

“

(4) This section does not apply to a communication that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

Section 223

After subsection (3) insert—

“(3A) Subsection (3) does not apply to the making of a complaint that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

Section 224

After subsection (1) insert—

“(1A) Subsection (1) does not apply to the making of a statement that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

12

Inland Fisheries Act 2010 (No. 10 of 2010)

Section 37

After subsection (3) insert— “(4) This section does not apply to a communication that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

After subsection (3) insert—

“(4) This section does not apply to a communication that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

Section 38

After subsection (1) insert—

“(1A) Subsection (1) does not apply to the making of a complaint that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

Section 39

After subsection (1) insert—

“(1A) This section does not apply to the making of a statement that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

13

Criminal Justice Act 2011 (No. 22 of 2011)

Section 20

After subsection (1) insert— “(1A) Subsection (1) does not apply to the making of a disclosure that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

After subsection (1) insert—

“(1A) Subsection (1) does not apply to the making of a disclosure that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

Section 21

After subsection (1) insert—

“(1A) Subsection (1) does not apply to the making of a disclosure that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

14

Property Services (Regulation) Act 2011 (No. 40 of 2011)

Section 67

(a) After subsection (2) insert— “(2A) Subsection (1) does not apply to a communication, or furnishing of information, that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

(a) After subsection (2) insert—

“(2A) Subsection (1) does not apply to a communication, or furnishing of information, that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

(b) After subsection (3) insert—

“(3A) Subsection (3) does not apply to a communication that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

(c) After subsection (5) insert—

“(5A) Subsection (5) does not apply to a communication, or furnishing of information, that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

15

Protection of Employees (Temporary Agency Work) Act 2012 (No. 13 of 2012)

Section 21

Renumber as subsection (1) and after that subsection insert— “(2) Subsection (1) does not apply to a communication that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

Renumber as subsection (1) and after that subsection insert—

“(2) Subsection (1) does not apply to a communication that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

Section 22

After subsection (1) insert—

“(1A) This section does not apply to the making of a statement that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

Section 23

After subsection (1) insert—

“(1A) Subsection (1) does not apply to the making of a complaint that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

Section 24

After subsection (1) insert—

“(1A) Subsection (1) does not apply to the making of a complaint that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

16

Further Education and Training Act 2013 (No. 25 of 2013)

Section 34

After subsection (3) insert— “(4) This section does not apply to a communication that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

After subsection (3) insert—

“(4) This section does not apply to a communication that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

17

Central Bank (Supervision and Enforcement) Act 2013 (No. 26 of 2013)

Section 38

(a) After subsection (1) insert— (1A) Subsection (1) does not apply to a disclosure that is a protected disclosure within the meaning of the Protected Disclosures Act 2014. ”. (b) In subsection (4) (a), after “disclosures” insert “and disclosures which would be protected disclosures but for subsection (1A)”.

(a) After subsection (1) insert—

(1A) Subsection (1) does not apply to a disclosure that is a protected disclosure within the meaning of the Protected Disclosures Act 2014. ”.

(b) In subsection (4) (a), after “disclosures” insert “and disclosures which would be protected disclosures but for subsection (1A)”.

PART 2 Amendment of Statutory Instrument

PART 2

Amendment of Statutory Instrument

Section 24(2).

Item (1)

Item

(1)

Citation, number and year (2)

Citation, number and year

(2)

Provision affected (3)

Provision affected

(3)

Amendment (4)

Amendment

(4)

1

European Communities (Occurrence Reporting in Civil Aviation) Regulations 2007 (S.I. No. 285 of 2007)

Regulation 5

After paragraph (3) insert— “(4) Paragraph (3) (b) does not apply where the making of the report or the giving of the information is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

After paragraph (3) insert—

“(4) Paragraph (3) (b) does not apply where the making of the report or the giving of the information is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

Regulation 6

After paragraph (3) insert—

“(4) Paragraph (3) does not apply where the making of the report or the giving of the information is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

Regulation 9

After paragraph (7) insert—

“(8) Paragraphs (4) to (7) do not apply where the making of the report is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

Regulation 11

After paragraph (3) insert—

“(4) Paragraph (1) does not apply where the making of the report or the giving of the information is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

PROTECTED DISCLOSURES ACT 2014

Statutory Text (4 Articles)

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