Overview:
David McCauley, Associate, McCann FitzGerald LLP will discuss the changes to the Irish whistleblowing regime following the commencement of the Protected Disclosures Act 2022. The Act considerably expands the scope of protection for whistleblowers, as well as the matters which can form the basis of a protected disclosure and contains prescriptive obligations on those receiving disclosures to acknowledge, follow up and provide feedback on the disclosure. David will provide an overview of the new regime, the breadth of its scope, and the potential for internal and external reporting, having regard to recent case law, and common misconceptions about whistleblower protection in Ireland. David will also discuss the obligations arising on those in receipt of protected disclosures, the extent of the obligation to take appropriate action, and the need for a workplace policy to address these matters.
In addition to the legal framework, Jakob Lilholm, founder and Chief Executive Officer of Whistleblower Software ApS will provide an insight into how a practical whistleblowing channel works in real life. A digital whistleblowing platform will be presented by Whistleblower Software, showcasing a way how to easily manage incoming reports, and comply with the new requirements.
Summary:
- Obligations of the employer when establishing an internal reporting channel
- Who can be a whistleblower? Can they be anonymous?
- Protection of whistleblowers
- Channels for reporting irregularities
- Criminal responsibility of the employer
- Useful tool - Whistleblower Software
Following the session, attendees can expect to have an understanding of:
- The circumstances in which the obligations under the Act will apply;
- The circumstances in which disclosures can be made externally, such as to a Minister, or the public at large;
- The protection for the identity of those who make protected disclosures;
- The obligation not to penalise those who make protected disclosures;
- Certain legal remedies for those who make protected disclosures; and
- Assignment of roles and responsibilities within an organisation when dealing with protected disclosures, and the expected content of workplace policies on this subject.