The Protected Disclosures Act, 2014 - Report to 30th June, 2017
The Protected Disclosures Act 2014 became operational on 15th July 2014. The Act is intended to provide a statutory framework within which workers can raise concerns regarding a potential wrongdoing that has come to their attention in the workplace in the knowledge that they can avail of significant employment and other protections if they are penalised by their employer or suffer any detriment for doing so.
"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 connection with their employment.
'Worker' includes employees, contractors, consultants, agency staff, former employees, temporary employees, and interns/trainees.
"Relevant wrongdoings" are defined in an exhaustive list and include the following:
- - that an offence has been, is being or is likely to be committed,
- - 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,
- - that a miscarriage of justice has occurred, is occurring or is likely to occur,
- - that the health or safety of any individual has been, is being or is likely to be endangered,
- - that the environment has been, is being or is likely to be damaged,
- - 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,
- - that an act or omission by or on behalf of a public body is oppressive, discriminatory or grossly negligent or constitutes gross mismanagement, or
- - 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.
Kilkenny County Council Protected Disclosures Policy
Kilkenny 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 Kilkenny 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 employees/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.
- 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 employees/workers with guidance on how to raise concerns
- To reassure employees/workers that they can report relevant wrongdoings without fear of penalisation.
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 Kilkenny 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 Kilkenny 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.
The designated officer to receive protected disclosures for Kilkenny County Council is, Mr. Brian Tyrrell, Senior Executive Officer: Email: firstname.lastname@example.org.
Disclosures can also be made to the Chairperson of the Audit Committee. The Chairperson is the sole designated member of the Audit Committee to whom employees can make a disclosure. The Chairperson can be contacted by
Post: Audit Committee Chairperson, c/o Internal Audit, Kilkenny County Council, County Hall, John Street, Kilkenny.
The Chairperson should then refer the disclosure to the Designated Officer (see Audit Committee Protocol for Protected Disclosures).
For Further Information:
Audit Committee Protcol for Protected Disclosures (.pdf doc).
Number of Protected Disclosures received for 12 month period ended 30th June, 2017
As required under Section 22 of the Protected Disclosures Act 2014, Kilkenny County Council confirms that the number of Protected Disclosures made to Kilkenny County Council for the period from 1st January, 2016 to 30th June, 2017 is 0.
Protected Disclosures Annual Report Period Ended 30/6/2017 (.pdf document)
The Protected Disclosures Act 2014 (.pdf document)
Protected Disclosures Policy and Procedures 2017 (.pdf document)