THE GARDA WATCHDOG along with European whistleblowing agencies have released a declaration calling for swift adoption of new laws to help complainants.  

The Garda Síochána Ombudsman Commission (GSOC) has joined with sister agencies in the Network of European Integrity and Whistleblowing Authorities (NEIWA) to call for the swift transposition into Irish law of the EU Whistleblowers Directive.

International directives must be accompanied with new laws in member states like Ireland.

The call for the new legislation has been made in the NEIWA ‘Dublin Declaration’, published today by the Network.

The ‘Dublin Declaration’, elaborated on last week’s NEIWA conference, hosted by GSOC in Dublin.

The declaration reminds member states that the directive required them to complete transposition into national law by 17 December 2021.

It notes that only 3 EU Member States have achieved this obligation. It encourages other Member States to complete the transposition without further delay, “with a full-hearted recognition of the spirit of the Directive”.

It also stresses that whistleblowers “should be protected against any form of retaliation and are entitled to the protection measures available”.

It emphasises that on 17 December 2021, “important elements of the Directive may have direct effect … in member states where the transposition has not yet occurred”.

This includes an obligation to start setting up external reporting channels by competent authorities and recommends that authorities “inform the public broadly” about the rights and protections afforded by the Directive.

While Irish legislation to transpose these new EU standards is progressing, current indications are that the Protected Disclosures (Amendment) Bill 2021 will be enacted in the first months of 2022.

Former GSOC Chair Ms Justice Mary Ellen Ring said the Irish police watchdog has extensive experience of setting up a protected disclosure mechanism.

“The framework of standards for whistle-blowers provided for in the new EU Directive will transform how members of the public and employees can safely and confidentially call out wrong doing by organisations and individuals in positions of authority.

“Drawing on our own experience setting up a protected disclosures system, GSOC has actively engaged with DPER over the past two years in their development of Protected Disclosures (Amendment) Bill 2021.

“We are pleased that this legislation is significantly progressed, but would emphasise the importance of finalising it as swiftly as possible in order to meet Ireland’s obligations under the Directive.

“GSOC looks forward to engaging further with DPER on the legislation, and to further engagement with its sister organisations across Europe as a member of NEIWA as we follow the practical implementation of the Directive by member states over the coming months,” she said.