What has happened?

The Public Interest Disclosure (Protection) Bill is a new bill being proposed by the Scottish National Party’s Dr Philippa Whitford. The bill aims to provide protection for whistle-blowers, by establishing an independent body that would set, monitor and enforce standards on how whistle-blower cases are handled. This will replace the Public Interest Disclosure Act, which she argues is no longer fit for purpose.[1] The Second reading of this bill is scheduled to take place on Friday 25th September 2020.[2]

What does this mean?

A whistle-blower is someone who raises concerns in the public interest, whether to their employer or externally through a range of designated channels[3].

The government’s ‘Freedom To Speak Up’ project was targeted to improve and change whistle-blowing culture by providing an alternative route to whistle-blow and ensure investigations occur[4]. Yet there has been no evidence of change or progress as a result of this project, but an increased victimisation of whistle-blowers, with some ‘Freedom To Speak Up’ Guardians losing their jobs.[5]

In an attempt to implement real change, the Public Interest Disclosure (Protection) Bill will introduce:

· Criminal sanctions for individuals for harming whistle-blowers or failing to act appropriately upon their disclosures, to provide meaningful deterrence of victimisation and suppression.

· An expeditious mechanism for redress of harm to whistle-blowers that does not require them to face the risk and trauma of litigation, as is the case under PIDA.

· Wider scope and breaks away from the confines of employment law where PIDA is situated, seriously restricting PIDA’s efficacy.

· Establish a principle of fair compensation for harm and loss but, specifically precludes rewards for whistleblowing, to protect credibility in whistleblowing.

· The concept of ‘moral harassment’ mobbing, currently recognised under EU law, and an issue that is important in many whistleblowing cases. [6]

How does this impact the legal sector?

Current whistleblowing law in the Public Interest Disclosure Act (PIDA), has been highly criticised with many describing it as weak, ineffective and enabling cover ups.[7] At present, the law does not compel anyone to investigate whistleblowing concerns, correct wrongdoing, protect whistle-blowers nor deter reprisal by imposing penalties on those who harm and silence them.[8] The weakness of the current law is highlighted by the fact that only 3% of whistle-blower litigation cases succeed at hearings. [9]

The bill is free standing law, not constrained only to employment matters. It also prioritises public protection and proper handling of disclosures as it applies not just to employers, but other parties such as regulators.

A concern some have with the Bill in its current form is while the Bill states the body should be independent, it implies that the Commission will be under the purview of a government department and gives the relevant Secretary of State powers to amend the Commission’s regulations.[10] Many are against any government control, as it will impede on the independence of the Commission. This is due to the fact that a high volume of whistle blowing occurs in in the public sector. In other words, whistleblowing about government policy and its effects will alter the government’s control over a whistleblowing body and would create an instant conflict of interest. [11]

The Public Interest Disclosure (Protection) Bill would be a positive and necessary change that would benefit many. However, to ensure the full benefit can be gained from this bill it is crucial that independence and integrity are maintained if it is implemented.

Written by Venus Amon

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References:

[1] Mark D’Arcy, ‘The Week Ahead In Parliament’, (BBC News, September 18th, 2020)

[2] ‘Public Interest Disclosure (Protection) Bill 2019-21’, (Parliament.uk, July 15th , 2020)

[3] Dr Minh Alexander, ‘Whistleblowing in the NHS Isn’t Fixed Yet, And This Leaves Patients Exposed’, (Centre For Health and Public Interest, June 26th, 2018)

[4] Henrietta Hughes, ‘Freedom to Speak Up’, (Future Healthcare Journal, 6th October 2019)

4 Dr Minh Alexander, ‘Whistleblowing law is a danger to patient safety and NHS staff’, (Keep Our NHS Public, September 16th, 2020)

[6] Martin Morton, Nitram Notrom, Sardari Clare and Minh Alexander, ‘A New UK Whistleblowing Bill and a petition to the UK government to strengthen protection’, (Alexanders Excavations, August 17th, 2020)

[7] Dr Minh Alexander, ‘Whistleblowing law is a danger to patient safety and NHS staff’, (Keep Our NHS Public, September 16th, 2020)

[8] Ibid

[9] Ibid

[10] Ibid

[11] Ibid

Disclaimer: This article (and any information accessed through links in this article) is provided for information purposes only and does not constitute legal advice.