Section 7 of the Act provides that a reporting person may make a disclosure to a person designated by the Minister for Public Expenditure, NDP Delivery and Reform. Such persons most of whom are the heads of statutory regulatory or supervisory authorities are referred to as “prescribed persons”. The Director of the Teaching Council is a prescribed person.
Where a reporting person makes a disclosure under Section 7 of the Act to a prescribed person, this is referred to as “external reporting”.
What is a Protected Disclosure?
A Protected Disclosure, as set out in Section 5 of the 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.
What is a “worker”?
For the purposes of the Act a worker means an individual who has acquired information on a relevant wrongdoing in a work-related context.
The 2022 amendment to the Act added members of the Board and volunteers to the definition of worker.
What is a “wrongdoing”?
For the purposes of the Act, the following are relevant wrongdoings:
a. That an offence has been, is being or is likely to be committed;
b. That a person has failed, is failing, or is likely to fail to comply with any legal obligation, other than one arising under the worker’s contract of employment or other contract whereby the worker undertakes to do or perform personally any work or services;
c. That a miscarriage of justice has occured, is occuring, or is likely to occur;
d. That the health or safety of any individual has been, is being, or is likely to be endangered;
e. That the environment has been, is being, or is likely to be damaged;
f. That an unlawful or otherwise improper use of funds or resources of a public body, or of the other public money, has occured, is occuring, or is likely to occur;
g. That an act or omission by or on behalf of a public body is oppressive, discriminatory, or grossly negligent or constitutes gross mismanagement;
h. That a breach of specified EU law set out in the Directive has occured, is occurring, or is likely to occur; or
i. That information tending to show any matter falling within any of the preceding paragraphs has been, is being, or is likely to be concealed or destroyed or an attempt has been, is likely to be made to conceal or destroy such information.
External Protected Disclosures Policy
Below sets out the External Protected Disclosures Policy for the Teaching Council