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Procedures on Protected Disclosures
From Commission for Public Service Appointments (CPSA)
Published on
Last updated on
From Commission for Public Service Appointments (CPSA)
Published on
Last updated on
Procedures on Protected Disclosures
1. 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.
2. The Director of the Office of the CPSA is a prescribed person under the Protected Disclosures Act 2014 (Disclosure to Prescribed Persons) Order 2020 (SI No. 367/2020). This means that any worker can make a Protected Disclosure to the CPSA in respect of the following matters:
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.
3. These procedures apply to all workers who wish to report a relevant wrongdoing that relates to the matters outlined in paragraph 2.
What is a Protected Disclosure?
4. 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.
5. For the purpose of the Protected Disclosures Act, a worker means an individual who has acquired information on a relevant wrongdoing in a work-related context.
6. A worker includes:
• An individual who is or was an employee,
• An individual who entered into or works or worked under any other contract, whether express or implied and (if it is express) whether oral or in writing, whereby the individual undertook to do or perform (whether personally or otherwise) any work or services for another party to the contract for the purposes of that party’s business,
• An individual who works or worked for a person in circumstances in which (i) the individual is introduced or supplied to do the work by a third person, and (ii) the terms on which the individual is engaged to do the work are or were in practice substantially determined not by the individual but by the person for whom the individual works or worked, by the third person or by both of them,
• An individual who is or was provided with work experience pursuant to a training course or programme or with training for employment (or with both) otherwise than under a contract of employment,
• An individual who is or was a shareholder of an undertaking,
• An individual who is or was a member of the administrative, management or supervisory body of an undertaking, including non-executive members,
• An individual who is or was a volunteer,
• An individual who acquires information on a relevant wrongdoing during a recruitment process, and
• An individual who acquires information on a relevant wrongdoing during pre-contractual negotiations (other than a recruitment process referred to above).
7. The information must come to the attention of the reporting person in a work-related context. A work-related context means current or past work activities in the public or private sector through which, irrespective of the nature of these activities, the reporting person acquires information concerning a relevant wrongdoing, and within which the reporting person could suffer penalisation for reporting the information.
8. A reporting person must have a reasonable belief that the information disclosed shows, or tends to show, wrongdoing.
9. To make a Protected Disclosure to the Director of the Office of the CPSA, as a prescribed person, you must also reasonably believe that the relevant wrongdoing falls with the CPSA’s remit and that the information disclosed and any allegation in it is substantially true.
10. “Relevant wrongdoings” include
• Criminal offences,
• Failure to comply with a legal obligation (other than your contract of employment)
• Miscarriage of justice
• Endangerment of health and safety
• Damage to the environment
• Unlawful or improper use of public funds
• Oppressive, discriminatory or negligent behaviour by a public body
• Breaches of EU law
• Concealing or destroying evidence of wrongdoing
Exclusively personal grievances between a reporting person and their employer or a co-worker that solely effect the reporting person are not protected by the Protected Disclosures Act.
A matter is not a relevant wrongdoing if 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.
If you wish to make a report to the CPSA, you can do so by telephone on +353 1 639 5750 or by email disclosures@cpsa.ie
11. When a report is made orally it will be recorded or documented in the form of minutes by the recipient. Where minutes are taken, the reporting person will be asked to confirm the information provided.
12. The CPSA may prioritise reports of serious relevant wrongdoing, if necessary and appropriate, having regard to the number of reports received.
13. When making a report to the CPSA, the reporter should outline:
a. The reporting person’s name, position in the organisation, place of work and contact details;
b. Whether the reporting person wishes to be contacted;
c. The date of the alleged wrongdoing (if known) or the date the alleged wrongdoing commenced or
was identified;
d. Whether or not the alleged wrongdoing is still ongoing
e. Whether the alleged wrongdoing has already been disclosed and if so, to whom, when, and what
action was taken;
f. Information in respect of the alleged wrongdoing (what is occurring / has occurred and how)
g. The name of any person(s) allegedly involved in the alleged wrongdoing (if any name is known and
the worker considers that naming an individual is necessary to report the wrongdoing disclosed);
14. The CPSA will accept anonymous reports. However, where an anonymous report is received, the CPSA’s ability to provide acknowledgment, feedback and to carry out follow up may be limited.
15. Protected Disclosures will be acknowledged in writing by the Designated Person within 7 calendar days receiving the report unless:
• The reporting person has requested otherwise; or
• The Designated Person reasonably believes acknowledgement would jeopardise the protection of the identity of the reporting person.
The following individuals have been designated to follow up on concerns raised through this procedure:
• Sharon McCabe (CPSA)
• Rachael Horan (CPSA)
• Shauna Watters (CPSA)
You may make your report in writing by email to a dedicated mailbox disclosures@cpsa.ie to which only the above designated persons have access. Before raising a concern, you may wish to speak with one of the designated persons, who will be able to explain in more detail how your report will be dealt with.
In the event that your report relates to one or more of the above designated persons, you may instead make your report directly to Sean Garvey as Personnel Officer.
16. Are designated persons under the Protected Disclosures Act to follow up on reports, carry out an initial assessment of the report, maintain communication and request further information from, and provide feedback to, the reporting person. They are also responsible for providing information on the CPSA’s processes and procedures under the Protected Disclosures Act.
17. On receipt of a report, an initial assessment will be carried out by the Designated Person in order to determine:
a. Whether there is prima facie evidence that a relevant wrongdoing may have occurred;
b. Whether the report is a protected disclosure;
c. Whether the report falls within the remit of the CPSA.
18. Further information may be required from the reporter to establish whether there is prima facie evidence that a relevant wrongdoing may have occurred. Depending on the circumstances of the report, information from the reporter may be obtained by a witness statement and/or by interview.
19. If there is no prima facie evidence that a relevant wrongdoing may have occurred, the matter will be closed.
20. If the initial assessment shows that there is a relevant wrongdoing but that it is clearly minor and does not require further follow up, the matter will be closed.
21. If the report is one which has previously been made and if it does not contain any meaningful new information about a relevant wrongdoing compared to a past report where the procedures have been concluded and where no new legal or factual circumstances justify a different follow up, the matter will be closed.
22. If the initial assessment shows that the report concerns matters that are not within the CPSA’s remit, the report will be transmitted to the relevant prescribed person, or where there is no such other prescribed person, the Protected Disclosures Commissioner.
23. The reporting person will be informed, as soon as practicable, if any of these outcomes arise and the reason for the decision.
24. If none of the above grounds to close the matter apply, the Designated Person will determine the most appropriate action to address the wrongdoing in line with the CPSA’s functions under the relevant legislation. Appropriate action, may include but is not limited to the carrying out an investigation, amending or revoking a recruitment licence.
25. While the CPSA has powers of investigation and certain powers of sanction, circumstances may arise where the most appropriate action is a referral to a body responsible for enforcement or sanction or investigation.
26. The reporting person will be provided with feedback within three months of acknowledgement of receipt of the disclosures or if no acknowledgement is sent, within three month of receipt of the report.
27. Where a report is received from the Protected Disclosures Commissioner or another prescribed person, feedback will be provided three months from the date of the original acknowledgement.
28. The time to provide feedback may be extended to six months where it is justified due to the particular complexity of the report concerned.
29. The nature of the feedback that will be provided will depend on the nature of the protected disclosure made but in general will include the provisions of information on the actions that the have been taken or is envisaged as follow up and the reasons for such follow up. No information will be provided which could prejudice the outcome of the investigation or any action that ensues.
30. A reporting person may request that feedback be provided to them at three monthly intervals until the matter is closed.
31. The final outcome of the report will be communicated in writing to the report subject to legal restrictions applying concerning confidentiality, legal privilege, privacy and data protection or any other legal obligation.
32. The CPSA is required to keep confidential the identity of any reporting person, unless the CPSA reasonably considers that disclosure is necessary for the purposes of receipt, transmission or follow up of reports.
33. There are some other limited exceptions to the duty of confidentiality, some of which usually require that the reporting person is notified in advance.
34. The CPSA is required to keep confidential the identity of any person accused of relevant wrongdoing as long as any investigation is ongoing, unless the CPSA reasonably considers that disclosure is necessary for the purposes of the legislation or otherwise authorised or required by law.