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Whistleblowing Protections — [Sir Mark Hendrick in the Chair]
22 October 2024
Lead MP
Gareth Snell
Stoke-on-Trent Central
Lab Co-op
Responding Minister
Justin Madders
Tags
Employment
Word Count: 11007
Other Contributors: 9
At a Glance
Gareth Snell raised concerns about whistleblowing protections — [sir mark hendrick in the chair] in Westminster Hall. A government minister responded.
Key Requests to Government:
The MP asks the government to extend protection beyond employment-related contexts and introduce a statutory power to protect whistleblowers from detriment, create an office of the whistleblower, and review the whistleblowing framework to ensure it is comprehensive and effective.
How the Debate Unfolded
MPs spoke in turn to share their views and ask questions. Here's what each person said:
Lead Contributor
The MP is concerned about the lack of protection for individuals who are not formally employed when they blow the whistle on misconduct or dereliction of duty. This includes patients in hospitals, parents, school governors, and contractors who may witness wrongdoing but do not have the legal protections afforded to employees under current laws.
Anna Dixon
Lab
Shipley
Part of the fear of speaking up as a whistleblower is due to the imbalance of power between public institutions and individuals. The costs, both emotional and financial, can be heavy on whistleblowers when they face legal proceedings against well-funded institutions.
Chris Bloore
Con
Redditch
Referenced points made by other Members without detailed content mentioned.
Redditch
Mr Bloore thanked his colleague for securing the debate and expressed concern about the lack of confidence whistleblowers have in speaking out due to fear of job loss and harm to their families. He highlighted the damage caused by institutions protecting themselves internally rather than addressing root causes, stressing the need for better protections to encourage whistleblowing.
Clive Jones
Lib Dem
Wokingham
The Public Interest Disclosure Act 1998 is inadequate for the modern workplace, failing to cover all types of workers and requiring whistleblowers to prove a direct link between their disclosure and any retaliation. It also does not provide adequate support for emotional, financial, or legal issues faced by whistleblowers. Highlighted legal issues such as whether someone is within scope, hurdles to qualify for protection, and public interest test under current legislation.
Gareth Bacon
Con
Orpington
Whistleblowers play a crucial role in exposing wrongdoing and ensuring accountability. Forty-three per cent of economic crimes are highlighted by whistleblowers, and they often uncover information that could prevent significant damage or harm. The UK's whistleblowing framework was introduced through the Public Interest Disclosure Act but needs improvements to meet its objectives.
Jim Shannon
DUP
Strangford
Jim Shannon highlighted the traumatic effects whistleblowing can have on individuals, using the example of his friend Brian Little who suffered from anxiety and depression after blowing the whistle on a large company. He emphasized the need for better protection and support for genuine whistleblowers to ensure they are not penalized financially or professionally. Spoke movingly about his friend Brian's fight against wrongdoing and the personal cost of whistleblowing. Emphasized that doing the right thing is not alone.
Meg Hillier
Lab Co-op
Hackney South and Shoreditch
Ms Hillier highlighted the lack of protection for whistleblowers in the NHS, citing cases where whistleblowers faced career damage and mental health toll. She emphasized the need for a 'Speak up' environment to ensure staff feel safe raising concerns. She also mentioned Sarah McMahon's case, an orthopaedic surgeon who was sidelined after whistleblowing about inappropriate surgeries by her colleague.
Sarah Russell
Con
Congleton
Suggested the use of 'some other substantial reason' as a fair dismissal reason and proposed using the Fair Work Agency in whistleblowing cases.
Sarah Russell
Lab
Congleton
Ms Russell advised numerous whistleblowers and highlighted the institutional reluctance to accept that a department might be failing or damaging patients. She pointed out that whistleblowers are often dismissed under 'some other substantial reason' which she considers a gap in whistleblower protections. Ms Russell proposed amending the Employment Rights Bill to prevent this dismissal type for whistleblowers, improving legal aid for them, and linking suggestions to the fair work agency.
Government Response
Justin Madders
Government Response
Discussed the current whistleblowing framework, noting the Public Interest Disclosure Act 1998 and Employment Rights Act 1996. Mentioned over 50,000 disclosures annually to prescribed persons, concentrated in health, public administration, financial, and insurance sectors. Highlighted the Employment Rights Bill's measures for sexual harassment protections and whistleblower support. Addressed suggestions for an office for whistleblowers and the review initiated by the previous government. Emphasized the upcoming Hillsborough law to introduce a legal duty of candour on public servants.
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Assessment & feedback
Summary accuracy
About Westminster Hall Debates
Westminster Hall debates are a chance for MPs to raise important issues affecting their constituents and get a response from a government minister. Unlike Prime Minister's Questions, these debates are more in-depth and collaborative. The MP who secured the debate speaks first, other MPs can contribute, and a minister responds with the government's position.