S.I. No. 375/2023 – European Union (Protection of Persons Who Report Breaches of Union Law) Regulations 2023

The European Union (Protection of Persons Who Report Breaches of Union Law) Regulations 2023, designated as S.I. No. 375/2023, was enacted by Paschal Donohue, Minister for Public Expenditure, National Development Plan Delivery, and Reform, in accordance with the authority vested in him by the European Communities Act 1972. The purpose of these regulations is to further implement the Whistleblower Directive, dated 23 October 2019 by introducing amendments to the existing legislative framework, thereby enhancing the protection of individuals who report breaches of Union law within the European Union.
The key provisions of the present regulation involve amendments to the Protected Disclosures Act 2014 (he Principal Act) and the Protected Disclosures (Amendment) Act 2022 (the Act of 2022). Specifically:
1. Section 5 of the Principal Act (Protected Disclosures Act 2014) is amended to include reference to „7B“ after „7“ in subsection (1).
2. Section 5A, newly inserted by the Act of 2022, is also amended to include reference to „7B“ after „7“ in subsection (2).
3. Section 6A, another addition from the Act of 2022, is amended in subsection (1)(g)(iii) by specifying that disclosures must be made „in the manner specified in section 7B“ in relation to the European Union.
4. A new section, 7B, is added to the Principal Act, outlining the manner in which disclosures should be made to relevant institutions, bodies, offices, or agencies of the European Union. This section mandates that the worker must make the disclosure to the European Union entity and have reasonable grounds to believe that the reported breaches were accurate and within the scope of the Directive.
5. Section 10 of the Principal Act is also amended to include references to „7B“ in paragraph (c), ensuring that individuals who have previously made disclosures under section 7B are covered.
The present regulation became effective on 22 July 2023.