Enterprise and Regulatory Reform Bill

Debate between Baroness Brinton and Baroness Dean of Thornton-le-Fylde

Monday 10th December 2012 Grand Committee

[Baroness Dean of Thornton-le-Fylde]

My Lords, I support what has been said by the noble Lord, Lord Low of Dalston, who happens to be a friend. If there is a part on whistleblowing in the Bill when it leaves the House, these two amendments will make a significant difference.

We could all regale the Committee with a number of stories about people being bullied and intimidated, but the case in Manchester went the whole hog and the courts were not able to help. Not only were the three nurses concerned unfairly treated but the case sent a strong message to people in the health service to keep their heads down and not to complain because, even if they complain and it goes through the ultimate procedure, the employer will not be able to stand with them. In fact, in this case the employer pursued the nurses for damages.

I do not wish to extend the debate. This is a principal issue in the Bill as it stands and, if this House can make an amendment along the lines of the one proposed—even if it is not worded perfectly at the moment—it will be a major contribution. There are no divisions between the parties on this. We all want to see the role of the whistleblower not only enhanced and supported but protected, otherwise the message going out will be, “We have the legislation, but please do not use it”.

[Baroness Brinton]

My Lords, I add my support to Amendments 22 and 23E for all the reasons already stated. It is unfortunate that many of the examples cited have referred to the NHS, where it seems that there is still quite a culture against whistleblowing. Having been involved in two organisations as they created whistleblowing policies, I know it is not just a matter of legislation; it is very much about changing the culture within an organisation. It seems to me that the remedies for solving this very particular problem exist within Amendments 22 and 23E, so I do hope that the Government will consider them.