Collection
Freedom Of Information
From Office of the Protected Disclosures Commissioner (OPDC)
Published on
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From Office of the Protected Disclosures Commissioner (OPDC)
Published on
Last updated on
FOI requests made to the Office will be dealt with by the Secretariat.
The Ombudsman holds the offices of both the Information Commissioner and Protected Disclosures Commissioner. While certain 'in house' services or facilities are shared between both offices, each office has separate staff who are designated to carry out their functions in an independent manner.
It is not possible to seek records held by anyone other than the Office of the Protected Disclosures Commissioner through this website. If you want to access records held by a public body you must apply to that body. For example, if you want records about your tax affairs, you must apply to the Revenue Commissioners and if you want records about a policy matter at the Department of Education, you must apply to that Department.
The Freedom of Information Act (FOI Act 2014) can be found at: Law reform
The Office of the Protected Disclosures Commissioner is partially excluded from the FOI Act 2014. This means that records, other than those records relating to general administration, of the Office are not covered by the FOI Act 2014.
Records about the general administration of the Office are covered by the FOI Act 2014.
To request records of the Office of the Protected Disclosures Commissioner, please write to us stating that you are making a request under the FOI Act 2014. You should address your request to:
The Information Officer,
Office of the Protected Disclosures Commissioner,
6 Earlsfort Terrace,
Dublin 2,
D02 W773
or info@opdc.ie .
If you are looking for a record you should provide as much information as possible to allow us find it. If you want it in a particular format (e.g. a photocopy, transcript, computer disc; or if you want to examine it) you should state this clearly in your request. If you are looking for an amendment to a record, your request should identify the record concerned and the amendment required. You should also provide evidence that the amendment is necessary.
The FOI Act 2014 says that the public (FOI) body should help a person who is looking for a record under the FOI Act 2014. It states that help should be provided where the requester has a disability. This Office may contact you to clarify your request with you.
In certain circumstances fees are charged under the FOI Act 2014. There is no fee for making an initial FOI request; the fee for an internal review is €30, or €10 for the holder of a medical card. If a fee is payable in respect of an internal review to this Office you may pay by cheque, bank draft or postal order.
Once this Office receives a request it has up to four weeks to make a decision. The decision will issue to you in writing and will specify whether your request is being granted, part-granted or refused. It will also give you the reason(s) behind the decision.
If you are unhappy with the decision or if after the four weeks you have not received a decision (this is called a refusal to your FOI request by non-reply) your next step is to apply for an 'internal review'.
An 'internal review' is an appeals mechanism within this Office which will be carried out by an officer who is more senior than the individual who made the decision on your original request. To request an internal review, you must write to this Office referring to the decision received (if one was made) and state that you are making an internal review appeal. You cannot raise any further issues in your internal review appeal. The sole purpose of the review is for another officer to reconsider the decision on your original request only. This Office has three weeks to make a decision on your request for an internal review.
If you are dissatisfied with the internal review decision, you may apply for a review within six months to the Office of the Information Commissioner. You may also seek a review by the Office of the Information Commissioner if you have not received a reply to your internal review request within 3 weeks.
For more information, please go to the Office of the Information Commissioner's website www.oic.ie.
Section 8 of the Freedom of Information (FOI) Act, 2014 requires public bodies to make information available about their structures, functions, powers and the services they provide to the public as well as details of the types of records they hold and the procedures and practices they operate under. This is known as the Publication Scheme. The purpose of the Scheme is to publish information about public bodies outside of the FOI Act to foster greater openness, transparency and accountability.
The Publication Scheme for the Office of the Protected Disclosures Commissioner is set out below.
The information below is kept up-dated and if necessary a hard copy will be made available for viewing by appointment.
Who we are and what we do
The primary function of the Office of the Protected Disclosures Commissioner is to ensure your report of wrongdoing gets safely to the most appropriate 'prescribed person', as set out under the Protected Disclosures (Amendment) Act, 2022.
Establishment
The Office of the Protected Disclosures Commissioner (the Office) was established under the Protected Disclosures (Amendment) Act.
The Office is under the direction of the Protected Disclosures Commissioner (the Commissioner) and is itself a public body for the purposes of the FOI Act. Accordingly, its records may, subject to certain exceptions, be accessed by an FOI request.
Roles and Responsibilities
The role and responsibilities of the Office are to fulfil the requirements established under the Protected Disclosures (Amendment) Act. The primary role of the Office is to ensure your report of wrongdoing is sent directly to the most appropriate organisation.
In relation to Freedom of Information (FOI) responsibilities, the Office is a partially excluded body for the purposes of the Freedom of Information Act 2014 (FOI Act) (as provided in Schedule 1, section 6, Part 1 of that Act).
This means that records held by the Office, which relate to specific appeals (as opposed to records concerning the general administration of the Office’s functions), are not required by law to be made available to the public.
Functions of the Commissioner
The main functions of the Commissioner are:
Records held in the Office
The range of records held in the Office falls within the following broad categories (some overlap may occur)
Internal Administration Records
Policy
Legislation and related matter
Staff Instructions/Guidelines
Reviews/Investigations by the Commissioner
Governance and Management arrangements
This Office is committed to best practice structures, processes and systems that support the successful operation of duties in an ethical, accountable, transparent and effective manner. Details of the Office's governance arrangements can be found in its Corporate Governance Framework document, which sets out the systems, principles and processes by which the Office is directed and controlled.
Corporate Plans & Strategies
The Office contributes to, and is guided by, the wider Strategy Statement of the Office of the Ombudsman (within which the Office is located).
Annual Report
The Office's Annual Reports are available on the website at Annual Reports.
Organisational Structure
Structure of the Office
| Commissioner | Ger Deering |
| Director General | Elaine Cassidy |
| Senior Investigators | Sean Garvey (Principal Officer) |
| Investigators | 1 Assistant Principal Officer |
| Investigating Officers | I Higher Executive Officer, 2 Executive Officers |
Pay Grading
The Protected Disclosures Commissioner also serves as Ombudsman, Information Commissioner and as Commissioner for Environmental Information. The Commissioner is also an ex officio member of the Standards in Public Office Commission (SIPO), the Commission for Public Service Appointments, the Referendum Commission and the Constituency Commission. His salary is equivalent to that of a Secretary General III in the Civil Service.
Similarly, the Director General acts as Director General for the Office of the Protected Disclosures Commissioner, Office of the Ombudsman, the Office of the Information Commissioner and the Office of the Commissioner for Environmental Information. The salary is that of an Assistant Secretary in the Civil Service.
The salary scales of civil servants may be found in the circular available at the following link:
Salaries from Secretary General to Clerical Officer
Location of the Office
The Office is located at 6 Earlsfort Terrace, Dublin 2, D02 W773
Opening hours: between 9.15 and 5.00 Monday to Friday.
Directions to the Office can be found here: Contact Us
Contact Details
Post: Office of the Protected Disclosures Commissioner, 6 Earlsfort Terrace, Dublin 2, D02 W773.
Telephone: 01 639 5689
Email: info@opdc.ie
Media Enquiries
Contact David Nutley, Communications, Office of the Ombudsman
Phone: 01 639 5610 or 086 023 1420
Email: david.nutley@ombudsman.ie
Customer Charter
The Customer Service Charter sets out our commitments and the service standards you can expect from us. You can find this information here.
Code of Practice
The staff of the Office are civil servants in the Civil Service of the State and are therefore bound by the Civil Service Code of Standards and Behaviour .
How our service can be accessed
Reports of wrongdoing can be sent directly to our Office to our postal address, or by email to disclosures@opdc.ie . You can use our downloadable form to help you.
If you wish to make a report orally, you can do so by using our dedicated telephone number – 01 639 5650
Telephone conversations are not recorded by this Office.
How much it costs to access our service
The Protected Disclosures Commissioner provides a free service.
How we make decisions
The Office does not make public policy. The Commissioner, however, occasionally provides comments on relevant policy proposals.
Financial Information
Vote 19 (Office of the Ombudsman) funds the activities of an organisation comprising the Office of the Ombudsman and the Commission for Public Service Appointments (Programme A); Standards in Public Office Commission, including the Regulation of Lobbying function (Programme B); and, the Office of the Protected Disclosures Commissioner, the Office of the Information Commissioner and the Office of the Commissioner for Environmental Information (Programme C).
These offices carry out separate and distinct statutory functions: nonetheless they function as a single amalgamated agency under one Vote and one Accounting Officer and corporate management board which manages the organisation while simultaneously protecting and preserving the statutory independence and functions of each of the constituent parts. Each office has its own complement of staff but the finance, human resources, accommodation and information technology functions are shared between all offices.
CAG Appropriation Account for Office of the Ombudsman
At the end of each financial year, each department is required to prepare an account known as the Appropriation Account. The Appropriation Account provides details of the outturn for the year against the amount provided by Dail Eireann. The 2020 Appropriation Account can be accessed here .
Revised Estimates
Revised Estimates are a detailed version of Budget Day Estimates and include information on spending within individual programmes along with the overall financial allocation for our Office. Revised Estimates also include key high level output metrics, context and impact indicators. These provide information on our expenditure and the impact the expenditure is having. The Revised Estimates for the Office of the Ombudsman can be viewed here.
Procurement Information
Public procurement refers to the process by which public bodies purchase works, goods or services from suppliers which they have selected for this purpose. It ranges from the purchase of routine goods or services to large scale contracts for infrastructural projects and involves a wide and diverse range of contracting authorities.
The Procurement Policy of the Office can be found here.
The following are links to guidance documents for suppliers:
Purchase Orders over €20,000 and Prompt Payments
The Office of the Ombudsman provides the Corporate Services support (including Finance) for the Office of the Information Commissioner, and a number of other statutory Offices. While the different Offices each carry out separate and distinct statutory functions, the Office functions as a single amalgamated agency in organisational terms. The Office is funded by one Vote and is overseen by an Accounting Officer (Director General) who is supported by a Management Advisory Committee.
A list of Purchase Orders over €20,000 and Prompt Payments is on the Ombudsman website.
FOI Disclosure Log
A list of all non-personal FOI requests received by the Office since 3 January 2022 can be viewed here:
FOI Requests to the Office
Under the FOI Act, any person is entitled to apply for access to information which is not otherwise publicly available. In general, a person has a right of:
The FOI Act does not cover all records held by the Office. The Office is a partially excluded body for the purposes of the Freedom of Information Act 2014 (FOI Act) (as provided in Schedule 1, section 6, Part 1 of that Act). This means that records held by the Office, which relate to specific appeals (as opposed to records concerning the general administration of the Office’s functions), are not required by law to be made available to the public.
FOI requests relating to records of the Office should be made to:
Damien Cahill
FOI Liaison Officer
Office of the Protected Disclosures Commissioner
6 Earlsfort Terrace
Dublin 2
D02 W773
Telephone: 01 639 5650, Email: info@opdc.ie
Requests should be made in writing and should specify that they are being made under the FOI Act. The form in which the records are sought – e.g. photocopies/disk – should be stated in the request. To allow identification of the records sought, requesters should describe the records in as much detail as possible. If possible, a contact number which can be used during office hours should be provided for the purpose of clarifying the details of an FOI request. The staff of the Office will assist in the formulation of an FOI request, if necessary.
The Office will acknowledge a request under the FOI Act within two weeks. This will include notification that, in the event that the requester is not satisfied with the FOI decision issued, there is a right to request an internal review of the decision. The decision will issue within four weeks.
Right to Internal Review of a Decision
The FOI Act provides for a right to internal review of decisions of public bodies. An internal review may be requested where an FOI request has been refused or partially granted or where access has been deferred. An internal review can also be requested where the form of access or the level of fees charged is disputed. Refusal of an FOI request is deemed to have occurred where a decision has not issued within four weeks of receipt of the FOI request.
Requests for internal review of decisions of the Office should be made, in writing, to:
Damien Cahill
FOI Liaison Officer
Office of the Protected Disclosures Commissioner
6 Earlsfort Terrace
Dublin 2 D02 W773
Telephone: 01 639 5650, Email: info@opdc.ie
who will ensure that the review is carried out by an official at a higher level than the official who made the original FOI decision. Such a request should be made within four weeks of the original decision. The decision following internal review must issue within three weeks of its receipt.
Information published by the Office
The FOI Act is intended to allow access to information held by public bodies which is not routinely available by other means. The following information about the activities and functions of the Office is available on our website without the need to use the FOI Act.
Annual Reports
The Commissioner submits a report to the Oireachtas each year in relation to the Office’s activities during the previous year. Annual reports are available from:
Annual Energy Efficiency Report 2020
S.I. No. 426/2014 - European Union (Energy Efficiency) Regulations 2014
Under the terms of these Regulations the energy consumption and performance of all public sector organisations must be reported annually. The secretariat to the Standards in Public Office Commission, the Office of the Information Commissioner, the Office of the Commissioner for Environmental Information and the Commission for Public Service Appointments is provided by the Office of the Ombudsman at its offices in 6 Earlsfort Terrace, Dublin 2. This report itemises energy usage across the whole office.
Updated November 2022