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Strategy and Governance
From Commission for Public Service Appointments (CPSA)
Published on
Last updated on
From Commission for Public Service Appointments (CPSA)
Published on
Last updated on
Corporate Services support for the Commission for Public Service Appointments and a number of other statutory Offices, is provided by the Office of the Ombudsman. While the different Offices each carry out separate and distinct statutory functions, the Office functions as a single amalgamated agency in organisational terms. The Office is funded by one Vote and overseen by an Accounting Officer (Director General) who is supported by a Management Advisory Committee. In carrying out their work our staff embrace the traditional obligations of privacy and integrity in the performance of official duties while at the same time protecting and preserving the statutory independence and functions of each of the constituent offices in which they work. Updates in relation to our Corporate Governance is set out on the Strategy and Governance page on the website of the Office of the Ombudsman.
This page includes information and updates in relation to:
• our Strategic Plan 2022-25
• our compliance with the requirements under the Official Languages Act
• our compliance with the requirements of the Protected Disclosures Act
• our compliance with the requirements under s.42 IHREC Act (the duty on public servants in relation to human rights)
• our Corporate Governance Framework
• our Green Team (including our compliance with the Climate Action and Low Carbon Development Act)
• membership of organisations.
The CPSA’s procedures as a Prescribed Person under the Protected Disclosures Act
The Commission for Public Service Appointments (the “CPSA”) is committed to creating a culture that supports the making of protected disclosures and provides protection for reporting persons.
A Protected Disclosure, in the Protected Disclosures Act, is a disclosure of information which, in the reasonable belief of a worker, tends to show one or more relevant wrongdoings; came to the attention of the worker in a work-related context; and is disclosed in the manner prescribed in the Act.
The Director of the Office of the CPSA is a prescribed person under the Protected Disclosures Act.
To make a Protected Disclosure to a prescribed person you must meet the above requirements and
You can make a Protected Disclosure to the Director of the Office of the CPSA on matters relating to the supervision of:
All matters relating to the setting of standards for recruitment and selection for public service appointments including the monitoring and auditing of public sector recruitment and selection processes.
To make a protected disclosure to the Director of the Office of the CPSA, you can do so by contacting us in one of the following ways:
By post:
Director
Office of the Commission for Public Service Appointments
6 Earlsfort Terrace
Dublin 2
D02 W773
Email: disclosures@cpsa.ie
Tel: +353 1 639 5750
We have a procedure which sets out what will happen once we have received a disclosure. Please click on Procedures on Protected Disclosures to learn more.
Protections for reporters of Protected Disclosures
When a worker makes a Protected Disclosure they have certain protections under the Protected Disclosures Act which are summarised below.
1. Confidentiality – we have an obligation not to disclose your identity or to disclose information which might cause your identity to be known without your consent unless certain exceptions apply. This does not apply, where we consider that disclosure is reasonably necessary for the receipt, transmission or follow up on your report.
2. Penalisation – the law prohibits an employer from penalising (mistreating) the reporter or someone who is connected to that person because they make a protected disclosure. If a worker is penalised they may be able to take action against their employer in the courts or in the Workplace Relations Commission. Penalisation by an employer is also an offence under the Protected Disclosures Act. If you believe you have been penalised you should seek advice as soon as possible as certain time limits apply to these remedies.
3. Detriment - a person who makes a Protected Disclosure can take legal action against a person who causes them damage for having made a Protected Disclosure. This is not limited to an employer.
4. Liability for Damages – with the exception of defamation, a person who makes a protected disclosure will not be liable for damages caused by making a Protected Disclosure.
5. Defences to a Criminal Offence of Disclosure – where disclosure of information is an offence, it will be a defence to show that the disclosure was or was reasonably believed by the person to be a Protected Disclosure.
6. Non-disclosure agreement – non-disclosure agreement cannot be used to prevent a person from making a Protected Disclosure.
Data Protection
Section 16B of the Protected Disclosures Act provides for restrictions on the obligations of data controllers and on the rights of data subjects where compliance would result in the disclosure of information from which a reporter could be identified or which would prejudice the effective follow up of a relevant wrongdoing. Subject to certain exceptions, the data subject will be informed where a restriction is applied.
We encourage those seeking to make a Protected Disclosure to obtain independent advice beforehand.
Transparency International Ireland operates a confidential helpline, and provides access to free legal advice on making protected disclosure through Transparency Legal Advice Centre. The Helpline can provide free referrals for professional counselling on request.
Section 22 of the 2014 Act requires every public body to prepare and publish an annual report in relation to protected disclosures received under the provisions of that Act.
The table below indicates the position:
| Year | Protected Disclosures Received | |
| 2016 | Nil | |
| 2017 | Nil | |
| 2018 | Nil | |
| 2019 | Nil | |
| 2020 | Nil | |
| 2021 | Nil | |
| 2022 | Nil | |
| 2023 | Six disclosures were received during the year. Three are being investigated and remain open. One was closed after assessment, one was referred back to the Office of the Protected Disclosures Commissioner and one fell outside of CPSA’s remit and was transferred to the appropriate prescribed person . There were no internal reports made under section 6 of the Act via internal reporting channels. |