Protected Disclosures (Amendment) Act 2022

Under the Act, a “Protected Disclosure” is when a worker or employee discloses ‘relevant information’ which came to their attention in connection with their work, and they reasonably believe that it shows wrongdoing.

Internal Reports

The Medical Council in its capacity as an employer (under section 6 of the Act):

A Worker: an individual who has acquired information on a relevant wrongdoing in a work-related context - this includes the Medical Council’s:
• Current and former employees,
• Trainees,
• People working under a contract for services,
• Independent workers,
• Agency workers,
• Interns,
• Council members,
• Job applicants,
• People on work experience,
• Employees seconded from other bodies,

External Reports

Under section 7 of the Act, a protected disclosure may be made to the CEO of the Medical Council (as a “Prescribed Person”) if the person making the report reasonably believes that the relevant wrongdoing relates to:

All matters within the functions of the Medical Council relating to the regulation of the medical profession in the State, including the quality of undergraduate education of doctors and of postgraduate training of specialists, the registration of doctors and disciplinary procedures, and guidance on professional standards and ethical conduct, as provided for by the Medical Practitioners Act 2007, as amended.

However, the Act also provides an additional requirement in this case in that the reporting person must reasonably believe that the information disclosed, and any allegation contained in it, are substantially true.

Any disclosures received by the CEO as a Prescribed Person can only be dealt with in a way that is consistent with, and appropriate to the role, statutory rights and duties of the Medical Council. If a disclosure is received and it is not within the remit of the Medical Council to investigate, an appropriate body will be identified to which the disclosure will be transferred.

The Medical Council's Protected Disclosures Policy and Procedure for External Reports is available here.

The following matters are deemed not relevant wrongdoings -

i. Where it is the function of the worker or the worker’s employer to detect, investigate or prosecute and does not consist of or involve an act or omission on the part of the employer. (e.g., a complaint against a medical practitioner)

ii. A disclosure of information in respect of which a claim to legal professional privilege could be maintained in legal proceedings is not a protected disclosure if it is made by a person to whom the information was disclosed in the course of obtaining legal advice.

iii. A personal concern, for example an interpersonal grievance exclusively affecting the reporting person, such as grievances about their own contract of employment, interpersonal conflicts involving the worker and another worker, or a complaint to the Medical Council or about the Medical Council which concerns the worker exclusively is not a relevant wrongdoing.

iv. Failure to comply with a legal obligation that arises solely under the worker’s contract of employment or other contract where the worker undertakes to do or perform personally any work or services is not a relevant wrongdoing.

If you require assistance in making a Disclosure, please use the contact details above and assistance will be arranged for you.

The Medical Council has a legal obligation to protect the identity of a Reporting Person who makes a Disclosure and not to disclose any information that might identify the Reporting Person subject to the exceptions outlined below -

• Where the disclosure is a necessary and proportionate obligation imposed by Union law or the law of the State in the context of investigations or judicial proceedings including with a view to safeguarding the rights of defence of the person concerned.

• Where the person to whom the report was made or transmitted shows that they took all reasonable steps to avoid such disclosure.

• Where the disclosure is otherwise required by law.

• The disclosure recipient has a reasonable belief that the disclosure of identity is necessary for the investigation of the wrongdoing concerned.

• To prevent serious risk to the security of the State, public health, public safety or the environment.

In the instances outlined above the reporting person shall be informed, where possible and appropriate, before their identity is disclosed unless such information would jeopardise the related investigations or judicial proceedings.

The protections that apply under the legislation also apply to any other named person in a protected disclosure.

Reports that include allegations of wrongdoing against a registered medical practitioner, may be referred to the Councils Complaints & Investigations team. If referred to this team, the identity of the reporting person and any information submitted, may be released to the doctor subject to the complaint in line with the Medical Practitioners Act 2007, as amended. Please note, complaints or concerns raised about registered medical practitioners cannot be withdrawn.

Further information on the complaints process is available here.

The Department of Public Expenditure and Reform has developed a document containing the details of the key changes that firms should be aware of. Further information from the Department of Public Expenditure and Reform regarding the legislation can be found here.

Office of the Protected Disclosures Commissioner
The Office of the Protected Disclosures Commissioner (the “Commissioner”) became operational on 1 January 2023. The Commissioner has certain powers and responsibilities under the Act.

The Commissioner’s primary duty is to refer any reports received under the Act to the most appropriate prescribed person (or other suitable person, if a prescribed person cannot be identified). Should you wish to make a report to the Commissioner, they will identify a prescribed person or another suitable person competent to take appropriate action to follow up on your disclosure. Where no suitable person with the required competence can be identified by the Commissioner, they will follow up directly on the report.

Transparency International Ireland
Transparency International Ireland is the Irish chapter of the worldwide movement against corruption. Transparency International Ireland is an independent group that operates a ‘Speak Up Helpline’, a service for anyone facing an ethical dilemma or considering reporting wrongdoing at work.
The Employee Assistance Programme is available to all Medical Council staff members, and provides confidential and specialist advise and services.

The Act requires the Medical Council to publish an Annual Report each year relating to the number of disclosures made to it in the preceding year and any actions taken in response to such disclosures.

• 2025 - Protected Disclosure Annual Report
• 2024 - Protected Disclosure Annual Report
• 2023 – Protected Disclosure Annual Report
• 2022 – Protected Disclosure Annual Report
• 2021 – Protected Disclosure Annual Report