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Whistleblowing Awareness Week
23 March 2023
Lead MP
Mary Robinson
Cheadle
Con
Responding Minister
Kevin Hollinrake
Tags
NHSEmploymentScotlandForeign AffairsStandards & Ethics
Word Count: 12759
Other Contributors: 7
At a Glance
Mary Robinson raised concerns about whistleblowing awareness week in Westminster Hall. A government minister responded.
Key Requests to Government:
Robinson asks for a comprehensive review of the existing whistleblowing framework to look at where this policy area falls and which Department should take responsibility. She also requests for reforming legislation to protect whistleblowers from retaliation and to create an office of the whistleblower, providing advice services and handling redress.
How the Debate Unfolded
MPs spoke in turn to share their views and ask questions. Here's what each person said:
Lead Contributor
Mary Robinson is concerned about the lack of protections for whistleblowers and the impact of a culture of fear in organisations, which leads to wrongdoing going unchecked. She cited examples such as the Metropolitan Police report highlighting a culture of cover-up and the tragic consequences faced by whistleblowers like Jonathan Taylor and Dr Chris Day. She also mentioned that 58.3% of freedom to speak up guardians believe that barriers to speaking up include concern about inaction, while 69% fear retaliation or suffering.
Congratulated Wendy Morton on securing the debate and expressed appreciation for her work on whistleblowing over several years. He emphasized the duty to encourage individuals to come forward as whistleblowers, noting that Awareness Week would help with publicity efforts.
James Daly
Con
Linlithgow and East Falkirk
Highlighted a case from the Casey review where Sir Mark Rowley's stance indicates that legal changes are necessary for positive outcomes in whistleblowing cases. Also pointed out that original legislation did not cover police officers but has since been amended, yet problems persist. James Daly, a member of the Home Affairs and Justice Committees, highlighted the importance of whistleblowers in police forces, citing examples where officers faced retaliation for speaking out about criminal behavior. He mentioned cases like Maggie Oliver's experience with Greater Manchester Police and noted that despite existing protections, the culture within organizations discourages whistleblowing due to fear of career repercussions. Acknowledged Martin Docherty's points on the need for new legislation but questioned its effectiveness in changing toxic organisational cultures, citing examples like the Met Police. Inquired about measures to address institutionalised attitudes towards whistleblowing. Questions the Minister's definition of 'protected' and highlights a 4% success rate at employment tribunals, indicating that current protections are not enforceable. He discussed issues within the Metropolitan Police force and Greater Manchester Police, stressing that whistleblower protection is not limited to one sector.
Erewash
Noted that the current legislation only protects employees of organisations and highlighted instances where patients or their families raise concerns without legal protection. Maggie Throup chaired a roundtable on whistleblowing in the healthcare sector. She highlighted the importance of changing NHS culture to encourage staff to speak up and report errors or mistakes. Stressed the importance of whistleblowing and called for fresh legislation to protect those who expose wrongdoing. Highlighted cases like Katharine Gun and Winterbourne View where whistleblowers faced significant challenges despite their actions being in the public interest. She chaired a roundtable this week and mentioned NHS issues related to whistleblowers.
Martin Docherty
SNP
West Dunbartonshire
Discussed the importance of whistleblowing in a democratic society, highlighting cases such as Chris Wylie and Brittany Kaiser from Cambridge Analytica and Frances Haugen's work on Facebook. Cited National Crime Agency's annual fraud indicator estimating UK fraud losses at about £190 billion annually. Critiqued current Public Interest Disclosure Act 1998 for inadequacies in protecting whistleblowers due to gagging clauses, supporting a proposed whistleblowing Bill that would establish an office of the whistleblower. Calls on the Minister to ensure that volunteers are protected under whistleblowing policies during the review.
West Dunbartonshire
He pointed out that whistleblower protection should extend beyond employees to others, referring to a whistleblower who said 'Be prepared to lose everything.'
Seema Malhotra
Lab Co-op
Feltham and Heston
Ms Malhotra congratulated the hon. Member for Cheadle on securing the debate and praised WhistleblowersUK for its advocacy. She highlighted the importance of whistleblowing in upholding transparency, particularly in cases of economic crime. The National Crime Agency estimates that fraud costs the UK economy £190 billion annually, including £40 billion to the public sector. Between 43% and 47% of serious economic crimes are exposed by whistleblowers, with an example being the Danske Bank money laundering scheme. She also mentioned the decline in whistleblower reports across sectors and increasing harassment against those who threaten to whistleblow. Ms Malhotra stressed the need for better protection of whistleblowers and questioned the Government's commitment to changing the Public Interest Disclosure Act 1998.
Wendy Morton
Con
Aldridge-Brownhills
I hope to speak later and suggest that we need a cultural shift in organisations, making whistleblowing acceptable rather than detrimental. I also agree with the idea that legislative changes are necessary for effective change. Morton praised her predecessor for introducing the Public Interest Disclosure Bill in 1997 and acknowledged that legislative change is needed now. She highlighted issues such as lack of protection for certain groups, victimisation of whistleblowers, and the need for minimum standards for whistleblowing policies. Morton also emphasized the importance of a healthy organisational culture encouraging employees to speak up. Asks for a timescale on the review of whistleblowing policies and emphasises the need to ensure future policy embraces all Government Departments, particularly the Cabinet Office. Her predecessor brought forward legislation central to the debate's discussion.
Government Response
Kevin Hollinrake
Government Response
It is a pleasure to serve with you in the Chair, Ms McDonagh. I thank my hon. Friend the Member for Cheadle (Mary Robinson) for all the work that she does on the all-party group. As she rightly points out, I was formerly the co-chair with her on that group. We can sometimes move from a Back-Bench position where we speak about an issue that we feel strongly about, and then we can be put in a ministerial position that covers that brief, but I can reassure Members that I am as ambitious as ever to make sure we get the right reforms for whistleblowing. My hon. Friend had a reception, which I was pleased to attend. She has had a number of events this week, and I pay tribute to her for her work in drawing attention to the importance of whistleblowers for our society. Whistleblowers are clearly the eyes and ears of our organisations, in terms of potential wrongdoing. As my hon. Friend knows, I have had a number of experiences with constituents. Ian Foxley blew the whistle on GPT Special Project Management, and did an incredible job. Paul Moore blew the whistle at HBOS prior to its financial distress and collapse. Sally Masterton was the whistleblower of the HBOS Reading scandal, which took five years to reach court, where she was vindicated for her statements. The hon. Member for Feltham and Heston (Seema Malhotra) referenced Danske Bank, and the £234 billion of money laundering. She is right to talk about some of the UK corporate vehicles used for that. We are working together on the Economic Crime and Corporate Transparency Bill to tighten up the opportunities people have to use those vehicles. One of the biggest scandals in that case was Danske Bank allowing that to happen on its watch. Howard Wilkinson was the whistleblower; the £234 billion of Russian money washing through Danske Bank in Estonia resulted in a $2 billion fine from the US authorities. According to the statistics, 43% of economic crimes are highlighted by whistleblowers, but in my experience, and as my hon. Friend the Member for Cheadle stated, it is much higher than that. Every case of economic crime I have dealt with has come from a whistleblower, and I pay tribute to them. It is not just financial crime; my hon. Friend the Member for Bury North (James Daly) highlighted issues with the Met police, which might have been brought to light much sooner if people had felt more confident about the whistleblowing framework. My hon. Friend the Member for Erewash (Maggie Throup) talked about Winterbourne View; that also might have come to light much sooner, with people being brought to justice much sooner, if people had more confidence. It is right that we seek to more effectively protect and compensate whistleblowers for doing the right thing. It is excellent that we have so many top-quality parliamentarians in this debate who will throw their weight behind the campaign for change. I am keen to do so too. Our whistleblowing framework was introduced through the Public Interest Disclosure Act 1998. It was intended to build openness and trust in workplaces by ensuring that workers can hold their employers to account, and are then treated fairly. It provides a route for workers to make disclosures of wrongdoing, including criminal offences, the endangerment of health and safety, causing damage to the environment, a miscarriage of justice, or a breach of any legal obligation. Disclosures usually need to be made to the employer, a lawyer or a prescribed person. Workers who believe they have been dismissed or otherwise detrimentally treated for making a protected disclosure can make a claim to an employment tribunal, which can award unlimited compensation. Workers are often the first people to witness any type of wrongdoing within an organisation. Information that workers may uncover could prevent wrongdoing that may damage an organisation's reputation or performance, and, in extreme circumstances, even save people from harm or death. In relation to whistleblowing protections, the standard employment law definition of a worker has been extended, and includes a wide range of employment relationships, such as agency workers; individuals undertaking work experience; self-employed doctors, dentists and pharmacists in the NHS; job applicants in the health sector; police officers; and student nurses and student midwives. I fully understand that there are people who are not protected by the current legislation. Indeed, Ian Foxley was not covered by the legislation, and suffered hundreds of thousands of pounds of detriment for blowing the whistle. He spent 11 years without any employment, and he was a well-paid contractor prior to that time. Protected from detriment. In Ian Foxley's case, he feared for his life. It could be detriment in terms of loss of employment. There are a number of different detriments. Both protection and compensation should be fairly made. I will come on to what we are trying to do to make the legislation more effective. Do I think the legislation is where it needs to be today? No, I do not. That is the case for the changes we need to make. We need to look at all the different evidential points to ensure we move to the right place. Ian Foxley was a contractor, which is why he did not have the opportunity to get compensation in his case. The SNP spokesman, the hon. Member for West Dunbartonshire (Martin Docherty-Hughes) made a good point about volunteers. They may also be the eyes and ears we need. He made the alarming point that people who blow the whistle could lose everything, which all of us should take into account. People who clearly do not feel they will be properly protected or properly compensated should feel more assured that they will. My right hon. Friend the Member for Aldridge-Brownhills (Wendy Morton) pointed to the fact that the legislation was implemented 25 years ago by one of her predecessors. To give some reassurance, since the introduction of that legislation, the Government have continued to strengthen some of its provisions using non-legislative and legislative measures. We have produced guidance for whistleblowers and prescribed persons, as well as guidance and a code of practice for employers. We have also expanded the list of prescribed persons—the individuals and bodies to whom a worker can blow the whistle. In December 2022, I took forward some legislation to add six new bodies and all Members of the Scottish Parliament to the prescribed persons order. Many have spoken passionately today, and on previous occasions, about the experiences of whistleblowers, and raised concerns about the whistleblowing framework. As I said, the Government have committed to reviewing the framework. It is clearly a major priority of mine, and it has been since I joined the Department. My right hon. Friend the Member for Aldridge-Brownhills made the important point that while we must ensure we protect the right people, we do not want to allow for vexatious whistleblowers because that could have a detrimental impact on businesses and other organisations. It is important that we protect those who should be protected. Indeed, as my hon. Friend the Member for Bury North said, we must protect the people who would have blown the whistle had they had confidence in the framework. That includes, as my hon. Friend the Member for Cheadle mentioned, Jonathan Taylor, who blew the whistle in the oil scandal and was pretty much under house arrest for a year in Croatia. That was disgraceful treatment. As I said, making progress on the review has been a priority of mine from day one. There will be an announcement on that very, very soon. That is what we are expecting. We are keen to engage with parliamentarians from across the House, both here and in the other place. Once that review is announced, I am keen to engage particularly with my hon. Friend the Member for Cheadle so she can make her points about the right way forward in terms of the provisions we need to make and future changes to legislation. My view, both as a Back Bencher and as a Minister, is that we need to work more on a cross-Government basis than perhaps we do now to make sure that these kinds of measures are properly implemented across Government. A number of Members, including the spokesman for the Scottish National party, the hon. Member for West Dunbartonshire, talked about NDAs. As he will know, being a member of the legal fraternity—in law, NDAs cannot be used to prevent a worker from blowing the whistle, so there are some protections in law in that respect. In my view, the key point is the proposal for an office of the whistleblower. I am interested in the issues that dealing with whistleblowing disclosures might raise for the prescribed persons and vice versa. One point to make is that a UK office of the whistleblower would need extensive resources to be able to handle or oversee 50,000 protected disclosures, and significant expertise to ensure it fully understands the nature of the problem and works alongside regulators rather than replaces them. All these matters need to be taken into account in deciding how to proceed. The review is something that we want to bring forward very quickly, and we want hon. Members on both sides of the House to be able to input into it.
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