Protected Disclosures

Protected Disclosure Policy

This policy and procedure document has been put in place by An Rialálaí Agraibhia (Agri-Food Regulator) to facilitate workers to make a disclosure to the Agri-Food Regulator under Section 7 of the Protected Disclosures Act 2014 on any matter relating to unfair trading practices in business-to-business relationships in the agricultural and food supply chain as set out in the Agricultural and Food Supply Chain (Unfair Trading) Regulations 2023 – S.I. No. 625 of 2023.

This document is not a complete or authoritative statement of the law or a legal interpretation of the Protected Disclosures Act 2014. 

1. Policy Statement 

The Protected Disclosures Act 2014 provides a statutory framework within which workers can raise concerns regarding relevant wrongdoing in their workplace in the knowledge that they can avail of significant employment protections and other protections if they are penalised by their employer or suffer any detriment for doing so. 

2. Scope 

The Agri-Food Regulator was established under the Agricultural and Food Supply Chain Act 2023 and, under the Agricultural and Food Supply Chain (Unfair Trading) Regulations 2023 – (SI 625/2023), is the designated Enforcement Authority  responsible for enforcing agri-food unfair trading law as required under Directive (EU) 2019/633.

The Agri-Food Regulator has been prescribed to be the recipient of disclosures of relevant wrongdoings in respect of all matters relating to the regulation, enforcement and monitoring of business-to-business relationships in the agri-food supply trading in the State as outlined under the Unfair Trading Regulations 2023.

3. Purpose 

The purpose of this document is to provide guidance to workers outside of the Agri-Food Regulator with information on making a protected disclosure to the Agri-Food Regulator. This policy & procedure is for information purposes only and does not constitute as legal advice and should not be relied on as such. 

4. Application 

The procedures herein apply to all workers, as defined in section 3 of the Protected Disclosures Act, 2014, and includes (a) current and former employees, (b) independent contractors, (c) trainees and (d) agency staff. 

The Act only applies to workers and does not cover volunteers or the general public. 

5. What is a ‘Protected Disclosure’? 

A protected disclosure is defined as a disclosure of relevant information which, in the reasonable belief of the worker, tends to show one or more relevant wrongdoings, which came to the attention of the worker in connection with the worker’s employment, is disclosed in the manner prescribed in the Protected Disclosures Act, 2014 and is in the public interest. 

In addition, a worker from outside the Agri-Food Regulator making a protected disclosure to the Agri-Food Regulator must also have a reasonable belief that:

• the information they disclose falls within the remit of the Agri-Food Regulator and; 
• the information (and any allegation contained within it) is substantially true. 
  
  

Explanation of terms: 

Relevant Information: This is factual information that comes to a worker’s attention in connection with their employment and which the worker reasonably believes tends to show one or more relevant wrongdoings. 

Reasonable Belief: Involves both, a belief and reasonable grounds which support that belief. It may involve an interplay of objective facts and circumstances, opinion and judgment, but does not include idle speculation or drawing on improbable circumstances or conclusions. 

Relevant Wrongdoing: In respect of disclosures made to the Agri-Food Regulator from workers outside of that office, this refers to wrongdoing in agri-food supply chain businesses.

Public Interest: A matter of common concern among citizens in the management and affairs of the State. It does not mean mere curiosity but is a broad term that refers to the body politic and the public wealth.  It incorporates the net benefits derived for, and procedural rigor employed on behalf of, all society in relation to any action, decision or policy.

Matters of public interest include but, are not confined to;

• matters regarding crime, or serious impropriety;
• the protection of public health and safety and
• preventing the public from being misled by an action or statement, of an individual, or organisation. 

6. How to make a Protected Disclosure 

A protected disclosure may be made to the Agri-Food Regulator by:  

Email: protecteddisclosure@agrifoodregulator.ie

or, in writing to:

Protected Disclosures,  
An Rialálaí Agraibhia (Agri-Food Regulator)
Backweston Campus
Celbridge
Co Kildare
Ireland
W23 X3PH

In the interests of clarity and to avoid misinterpretation or misunderstanding, it is preferable that a protected disclosure is made in writing. 

A protected disclosure may be made verbally, in which case the recipient of the information will, where possible, confirm the details of the disclosure, in writing, to the discloser without undue delay.

It is recommended that, at a minimum, a disclosure should include the details at 1 and 2 below as well as details from 3 – 7:

1. a statement that the disclosure is being made under the Act;
2. the discloser’s name, position in the organisation, place of work and confidential contact details; 
3. the date of the alleged wrongdoing (if known) or the date the alleged wrongdoing commenced or was identified; 
4. whether or not the alleged wrongdoing is believed to be still ongoing; 
5. whether the alleged wrongdoing has already been disclosed and if so, to whom, when, and what action was taken; 
6. factual information in respect of the specific nature of the alleged wrongdoing; what is occurring/has occurred and how, together with any supporting information or data; 
7. any other relevant information. 

7. Anonymous disclosures 

A protected disclosure may be made anonymously and will be acted on to the extent that is possible. However, important elements of the Protected Disclosures Act 2014 may be impossible to apply in such circumstances. Furthermore, as a worker, you will not be able to obtain redress under the act without identifying yourself. 

8. Obtaining Advice 

It is advisable to obtain advice before making a protected disclosure, whether from a legal adviser or trade union representative or both. The Protected Disclosures Act 2014 provides that such disclosures of information for the purposes of obtaining advice are in themselves, protected disclosures. 

Guidance for making a Protected Disclosure

A document has been prepared by An Rialálaí Agraibhia (Agri-Food Regulator) to provide guidance to those who wish to make a disclosure under Section 7 of the Protected Disclosures Act 2014 on any matter relating to unfair trading practices in business-to-business relationships in the agricultural and food supply chain as set out in the Agricultural and Food Supply Chain (Unfair Trading) Regulations 2023 – S.I. No. 625 of 2023. This document can be found here Protected Disclosures Guidance (pdf 88Kb)