Protected Disclosures

The Protected Disclosures Act 2014 as amended by the Protected Disclosures (Amendment) Act 2022 commenced on 1st January 2023 deals with arrangements for protected disclosures in both the public and private sectors. The Act requires the submission of certain information to the Minister and the publication of a report each year.

The purpose of the Act is to provide a framework within which “workers” can raise concerns regarding potential wrongdoing that has come to their attention in connection with their work. The Act provides protection from penalisation if it results from the making of a protected disclosure.

The Director of Corporate Services is the Designated Officer to whom disclosures of relevant wrongdoings may be made in respect of matters relating to BIM.

Disclosure to the Director of Corporate Services is protected where the “worker” reasonably believes that the relevant wrongdoing relates to the protection of the environment in the State and that the information disclosed, and any allegations contained in it, are substantially true.

These disclosures can be made for the attention of the Director of Corporate Services by letter to:

Confidential
BIM Director of Corporate Services
An Bord Iascaigh Mhara
Crofton Road
Dún Laoghaire
Co. Dublin  

State that the disclosure is being made under the Protected Disclosures Act 2014 as amended by the Protected Disclosures (Amendment) Act 2022, providing a description of the relevant wrongdoing, provide copies of information that show the wrongdoing in order to assist the investigation of the matters raised and provide preferred contact details.

BIM will protect the identity of the discloser if possible but may be obliged to reveal the identity so that a proper investigation can be carried out. Anonymous disclosures will be investigated insofar as is practicable with the information supplied.

BIM operates a Protected Disclosures Policy (“Policy”), which is reviewed and approved by the BIM’s Board. The Policy is published here.

Protected Disclosures Annual Report 2016

Protected Disclosures Annual Report 2017

Protected Disclosures Annual Report 2018

Protected Disclosures Annual Report 2019

Protected Disclosures Annual Report 2020

Protected Disclosures Annual Report 2021

Protected Disclosures Annual Report 2022

Protected Disclosures Annual Report 2023

Protected Disclosures Policy

BIM is committed to creating a workplace culture that encourages the making of protected disclosures and provides protection for disclosers. Disclosure of wrongdoing in accordance with these Procedures (and in accordance with legislation) is welcomed and the emphasis of the management and Board will be on approval and support of such disclosure. BIM will provide training to its staff on how to process, assess and, where relevant, investigate whistleblowing reports as well as any legal responsibilities arising from them.

The Policy and related procedures, promote principles of good corporate governance by providing a mechanism for the reporting and addressing of concerns about possible relevant wrongdoing within the meaning of the Protected Disclosures Act 2014 as amended by the Protected Disclosures (Amendment) Act 2022. BIM confirms that its Policy applies to all BIM employees and makes provision for disclosure of relevant information either through internal reporting channels and procedures (through BIM’s Designated Officer) or external reporting channels and procedures (by means of a “Nominated Person” (as set out in the Policy)).

BIM further confirms that, as required annually, the following information is reported to the Minister in respect of (i) reports received internally (PDA 1) and (ii) reports received by it from the Office of the Protected Disclosures Commissioner (PDA 2).