Protected Disclosures of Potential Wrongdoing within AHBRA

1. Introduction.
2. What is a Protected Disclosure?.
3. Who can make a Protected Disclosure?.
4. How to make a Protected Disclosure.

Any concerns about AHBs reported to AHBRA are dealt with under AHBRA’s Concerns Policy. Further information about how to raise a Concern about an AHB can be found here: Concerns – Approved Housing Bodies Regulatory Authority (ahbregulator.ie).

1.   Introduction

The Protected Disclosures Act 2014 (as amended) enables workers to raise a concern regarding potential wrongdoing in the workplace. The Act ensures that safeguards exist to prevent penalisation of reporting persons. AHBRA is committed to ensuring that its culture and work environment are such that any worker is encouraged and supported to report on potential wrongdoings, and that a worker appropriately raising any concern of wrongdoing will not be penalised for doing so.

2.   What is a Protected Disclosure?

A protected disclosure 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 Protected Disclosures Act 2014 (as amended) (“2014 Act”).

As set out in Section 5 of the 2014 Act, the following are “relevant wrongdoings”:

1. that an offence has been, is being or is likely to be committed,
2. 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,
3. that a miscarriage of justice has occurred, is occurring or is likely to occur,
4. that the health or safety of any individual has been, is being or is likely to be endangered,
5. that the environment has been, is being or is likely to be damaged,
6. that an unlawful or otherwise improper use of funds or resources of a public body, or of other public money, has occurred, is occurring or is likely to occur,
7. that an act or omission by or on behalf of a public body is oppressive, discriminatory or grossly negligent or constitutes gross mismanagement,
8. that a breach of specified EU law set out in the Directive has occurred, is occurring or is likely to occur, or
9. 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 being or is likely to be made to conceal or destroy such information.

3.   Who can make a Protected Disclosure?

This policy applies to all “workers” as defined in section 3 of the 2014 Act, which includes:

1. an individual who is or was an employee,
2. 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,
3. an individual who works or worked for a person in circumstances in which
   1. the individual is introduced or supplied to do the work by a third person, and
   2. 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,
4. 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,
5. an individual who is or was a shareholder of an undertaking,
6. an individual who is or was a member of the administrative, management or supervisory body of an undertaking, including non-executive members. This includes members of the Board appointed to AHBRA,
7. an individual who is or was a volunteer,
8. an individual who acquires information on a relevant wrongdoing during a recruitment process, and
9. an individual who acquires information on a relevant wrongdoing during pre-contractual negotiations (other than a recruitment process referred to in (h) above).

Civil Servants, members of An Garda Síochána, members of the Permanent Defence Forces and members of the Reserve Defence Forces are also deemed to be workers under the 2014 Act.

4.   How to make a Protected Disclosure

A worker is encouraged to make a disclosure if, in their reasonable belief, any of the wrongdoings outlined above have been, are being or are likely to be committed. The workplace disclosure options available to workers, and the protections available for reporting persons, are set out in the AHBRA Protected Disclosures Policy. A worker must make a report in the manner set out in the 2014 Act to gain the protections of the 2014 Act.

Designated Person to Receive Disclosures

An impartial designated person has been appointed by the AHBRA Board to receive Protected Disclosures in accordance with the 2014 Act. The contact details for the Designated Officer are as follows:

Email: protected.disclosures@ahbregulator.ie

Address: Private & Confidential, Protected Disclosures Designated Person, AHBRA, 4th Floor Grattan House, 67-72 Mount Street Lower, Dublin 2, D02 H638

5.   Reports

•  2021 annual report on protected disclosures