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Minister seeks legal advice over Garda protected disclosure

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The move to seek legal advice comes after allegations were made about the handling of a protected disclosure concerning Garda equipment

The Minister for Justice has sought legal advice following allegations made about the handling of a protected disclosure concerning Garda equipment, Tánaiste Simon Harris has told the Dáil.

He was responding during Leaders' Questions to Aontú TD Paul Lawless who said that a whistleblower made a protected disclosure in September 2023 claiming that gun holsters used by members of An Garda Síochána were faulty and dangerous.

Mr Lawless said the disclosure alleged warnings about the holsters had been ignored and that the matter directly implicated Garda Commissioner Drew Harris.

The Aontú TD accused the then Minister for Justice Helen MeEntee, of breaking the law in her handling of the matter.

Mr Lawless also asked Mr Harris what role he had played, while serving as Minister for Justice, in a decision to refer a separate protected disclosure concerning faulty ammunition back to An Garda Síochána.

Simon Harris said that the Oireachtas must uphold the laws governing protected disclosures and noted that the Protected Disclosures Act was designed to remove politicians from the investigation of workplace wrongdoing complaints in State agencies.

"Whistleblowing plays an important role in our democracy and in democracy more broadly," he said.

The Tánaiste said a review of the operation of the Protected Disclosures Act is due to take place in the coming year and will begin with a public consultation.

Addressing allegations referred to in an RTÉ programme and repeated in the Dáil chamber, Mr Harris said there were legal constraints on what office holders could say publicly about matters covered by the legislation.

"In light of the comments that were made in that programme, and indeed some of the comments that you've reiterated here today, Minister O'Callaghan has sought legal advice in relation to the restrictions imposed under Section 16 of the Protected Disclosures Act," he said.

"He will then consider that advice on receipt of same, because it is important that anything that can be said and shared should be said and shared."