Source: whistleblowingnetwork.org
New analysis from Transparency International has found that most EU countries, including Ireland, do not conform to the minimum requirements of the EU Directive.
The new Report – ‘How well do EU countries protect whistleblowers: Assessing the transposition of the EU Whistleblower Protection Directive’ scrutinises the new whistleblower protection laws adopted in 20 EU member states against the minimum requirements of the Directive and international best practice principles, finding that 19 of the 20 reviewed countries do not comply with EU requirements in at least one of four key areas. These include the rights of whistleblowers to report information directly to the authorities, access remedies and full compensation for damage suffered, obtain free and easily accessible advice, and ensuring proper penalties for those violating the protection provisions.
The report highlights positive and negative elements of the new wave transposition laws, in Ireland highlighting that whilst the legislation does provide redress for third parties who have suggested loss due to a whistleblowing disclosure, (including potentially civil society organisations which have aided or assisted whistleblowers) and provided provisions for reporting security, defence and intelligence-related information, the whistleblowers motives remained a criterion for compensation and there were potentially regressive elements of the directive, where the new law had limited the amount of protection afforded to whistleblowers provided for under the previous 2014 legislation.
The EU Commission is currently developing a conformity assessment by which it will benchmark Member States compliance with the Directive, passed in 2019.
The full report can be read here.