Whistleblowers

Baroness Jones of Moulsecoomb Excerpts

Monday 28th October 2024 Lords Chamber

[Baroness Jones of Whitchurch (Lab)]

The noble Lord is right, but we have already noted the concerns about the misuse of non-disclosure agreements. We share his concern, because they are being used to silence whistleblowers and cover up sexual harassment and discrimination. I stress that there are existing legal limits to how NDAs can be used in an employment context, which means they are void and unenforceable in certain circumstances. The use of NDAs is not something we would support and, if there were ways of limiting it, we would do so.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, is it possible to ensure with legislation that any company that victimises whistleblowers or trade union members could be banned from taking any public sector work in future?

Biocidal Products: Hand and Body Washes

Baroness Jones of Moulsecoomb Excerpts

Wednesday 16th October 2024 Lords Chamber

[Baroness Jones of Whitchurch (Lab)]

The noble Baroness makes an important point about education. We have already established that we need to keep the regulatory framework on these products under review, particularly with regard to new threats and hazards that might occur from them. That is why we have introduced the Product Regulation and Metrology Bill, which will give the Government much more flexibility to look at these new products in future. But, yes, there is a huge job of education to be done about such products, and I thank the noble Baroness for her point.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, is it worth the Minister checking with advisers whether they have actually read Dr Fady’s research and are taking that into account?

[Baroness Jones of Whitchurch (Lab)]

I hope that they have, because I asked them to look at it—so let us assume that they have done. This is a fast-moving area. We have a Private Member’s Bill coming up, and we will obviously look again at the science behind all this. With any new science coming forward, obviously we want to welcome any new evidence. We are very aware that we need to keep people safe. As I said originally, not only is it about the safety of the individual but if we allow antimicrobial resistance to develop, everybody will be affected—and it will have an adverse effect on all human beings.

Watchdogs (Industry and Regulators Committee Report)

Baroness Jones of Moulsecoomb Excerpts

Monday 9th September 2024 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I congratulate the noble Lord, Lord Hollick, on his opening speech, which was very good, and also congratulate his committee on this report, which was extremely interesting. If Who Watches the Watchdogs? is to have an impact, we in your Lordships’ House have a responsibility to hold those watchdogs to account.

The report highlights a lot of challenges, but the key challenge for the new Government is to ensure that real change actually happens. It is very easy—well, perhaps not easy—to produce a report, and we produce reports and they are then often ignored. As the Institute for Government says about the infected blood scandal:

“Past inquiries, including the high-profile Mid Staffs inquiry, have put forward similar recommendations on culture, candour and patient safety. These have not, however, resulted in change.”


We have 90 watchdogs, a library full of regulations, and all supported by some very high-level civil servants, probably drawn from our best public schools. It is a puzzle as to why we have had Grenfell, infected blood, sub-postmaster prosecutions, Hillsborough and the PPE contract scandals. It seems that here in this country, ordinary people can die but those responsible never get jail time. Ordinary people can lose everything but will have to wait decades for compensation, while the CEOs enjoy bonus payments and retirement cheques, and never have to worry about paying any money back. It seems that ordinary people take pay cuts for years but the profits for energy companies stay excessively high. Why do the shareholders of water companies get billions in dividends while those of us paying the bills pay the interest on their debts?

If noble Lords want to know why Britain has more billionaires than ever before but collapsing public services, it is because many modern fortunes have been built on regulatory capture, privatised services, and a system of corruption designed to separate taxpayers and bill payers from their money.

I was shocked to discover today that water companies have a duty to not pay shareholder dividends if that stops them delivering improvements and doing their jobs. What has Ofwat being doing for the last few decades? Why do this Government think that this is going to suddenly change if they leave Ofwat in charge?

This report examines the many and varied reasons why watchdogs are failing, but I want to focus on two that the proposed watchdog of the watchdogs is seeking to address. First, there is regulatory capture. The water industry is riven with revolving doors, as Ofwat is joined by water company bosses and water companies co-opt ex-Ofwat chiefs. The deals are arranged between an overstretched Environment Agency and water companies to keep the industry solvent. Is the Environment Agency captured by business interests rather than doing its job to protect the environment?

This weekend, I visited Lake Windermere to see the well-publicised problem of pollution there, and I heard some distressing reports. On the August bank holiday in 2022—when, as you can imagine, a lot of holidaymakers were making their way to Lake Windermere—around the lake, six miles of blue-green algae were clearly visible in the north basin. World Health Organization limits were breached, yet the Environment Agency issued no warning because of “reputational risk”. On 15 May 2024, United Utilities spilled 10 million litres of untreated sewage into the lake in an eight-hour period. Again, the Environment Agency response was inadequate.

I argue that within the definition of “national park” there should be a high standard for the water in that park, which does not happen at the moment, and that should prevent sewage dumps and other pollution. Lake Windermere could be a pilot for that idea.

The Grenfell Tower Inquiry report points out the problem that successive Governments have failed. It seems that the cutting of red tape was done with a carelessness that is absolutely incredible. Regulations can be influenced by the power of money. Private developers accounted for around a third of donations to the Conservative Party for about a decade, and lobbying by developers and the construction industry undoubtedly played a part in the shameful Grenfell cladding scandal and the deaths of residents.

I say to the Minister opposite and to the new Government: please listen to other voices. If you hold a meeting with the water companies, meet Feargal Sharkey to get a counterview. If you meet Post Office bosses to discuss compensation for sub-postmasters, please also meet Mr Bates. If you get a Civil Service briefing on a scandal such as infected blood, personally check what the victims have to say. You have to listen to other voices. It will not make for an easier life but it will make for wiser decisions.

Post Office (Horizon System) Offences Bill

Baroness Jones of Moulsecoomb Excerpts

2nd reading
Monday 13th May 2024 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

My Lords, this scandal is rightly recognised as one of the gravest miscarriages of justice in the history of the English legal system. It seems so obvious now because so much has been reported, but for years hundreds of sub-postmasters and sub-postmistresses were labelled as dishonest and convicted of dishonesty offences when they were telling the truth. One of the most fundamental elements of our justice system is that it is supposed to ensure that innocent people are found innocent because, if innocent people are at risk of being found guilty, trust in our justice system will disappear. In that light, exceptional steps are needed to put these injustices right, and although the Bill proposes a novel and controversial constitutional innovation, it is being done in aid of the powerless against the powerful and therefore, despite quite strong misgivings, I feel it is justified.

To talk about this Bill setting a precedent is to overgeneralise the circumstances of the Horizon scandal. We are not talking about overturning one or two questionable cases: we are talking about rectifying what has been revealed as an industrial enterprise to maliciously prosecute hundreds of innocent people. The noble and learned Lord, Lord Falconer, made the point about how all should be exonerated. That is absolutely right; it is not enough to create, again, two tiers of those people who were so badly treated. If such a wholescale injustice does take place again, victims and the wider public can be assured that Parliament will intervene on behalf of the powerless against the powerful to secure justice, but let us all hope this is the first and last time that this unprecedented legislation is ever justified.

There is a grey cloud hanging over this Bill: to have real justice, Fujitsu’s role should be thoroughly investigated and prosecutions should start. As the noble Lord, Lord Sikka, said, it is wrong to wait until the end of the inquiry, because we already know that Fujitsu was guilty of many infractions. It was aware of the problems from the start. It was aware of its employees having remote access and, in 2009, Computer Weekly made it aware of the link between the glitches in the Horizon system and the prosecution of sub-postmasters. The chief executive of Fujitsu at the time, Roger Gilbert, said that Computer Weekly was not a publication to which he subscribed, so he clearly could not know anything about it. His press office was scandalously lax.

Fujitsu is still a major government contractor which gives money to the Conservative Party. It has numerous other government contracts and, for ideological reasons, the Government have been outsourcing all their IT expertise—exactly as the Post Office does. The next Government need to reverse this process and take that expertise back in house, or at least employ enough in-house expertise to know when a company is getting it wrong, hiding the truth or providing a service that is a complete liability and security risk. If you let major corporations run your Government, taxpayers will be ripped off and find that they are paying out millions when things go wrong.

I have two final points. First, Fujitsu should be in the dock and prosecutions should already have begun. Secondly, Fujitsu should pay the costs back to sub-postmasters and sub-postmistresses, not us taxpayers.

Economic Growth (Regulatory Functions) (Amendment) Order 2024

Baroness Jones of Moulsecoomb Excerpts

Monday 15th April 2024 Lords Chamber

[The Duke of Wellington (CB)]

This statutory instrument, despite the very expert way that it has been presented by the Minister, I believe could seriously inhibit the regulation of the water industry. I cannot help but echo a number of remarks made by the noble Baroness, Lady Bakewell; they are worth repeating.

Unfortunately, under current parliamentary procedures, it is not possible in either House of Parliament to amend secondary legislation. Having considered this and other similar issues, I urge both the Government and the Opposition to consider whether a better way cannot be found for Parliament to improve secondary legislation in the way that so often happens with primary legislation.

With regard to the order, I shall comment, like the noble Baroness, Lady Bakewell, only on the inclusion of Ofwat, the water regulator, in the scope of the order and the effect the order will have on the way that Ofwat operates as the financial regulator of the water companies. As everyone in this House knows, there is wide public concern about the continuing voluminous discharges of sewage into our rivers and on to our beaches. There have been many calls for tighter regulation. Even the Department for the Environment, Food and Rural Affairs pledges in its Plan for Water—which was published only a year ago, as has been mentioned—among other laudable objectives,

“tighter regulation, and more effective enforcement”.

However, this order, coming from a different department of state, proposes lighter regulation and less enforcement. The Minister continues to deny that, but I must quote directly from the draft statutory guidance, which says on page 26 that

“certain enforcement actions … can be particularly damaging to the growth. These include, for example … financial sanctions; and publicity … that harms public confidence”.

I suggest to the Minister that the failure to fine water companies and publicise gross discharges of sewage is far more likely to harm public confidence in the system of regulation of water company monopolies. We have to admit—again, despite the Minister’s enthusiastic proposal—that the order will cause Ofwat to hesitate before fining companies or taking enforcement action, for fear of being accused of limiting economic growth.

I have also read the impact assessment, published on 9 January and signed by the responsible Minister. Unfortunately, I could not read the signature, so I do not know who it was. Ah, it was the noble Lord, Lord Johnson—I am so sorry, it was signed by our Minister in the Lords. Again, I feel I have to quote from it. It says that

“the Gross Value Added … of the water sector has shown little long-run growth”.

I am sorry to say I think that phrase sums up how the Department for Business and Trade considers the water industry. It clearly does not believe that the water industry can generate economic value for the country, but the water industry can and should contribute to an improvement in the environment that we will pass on to our children and our grandchildren—and that has value, even if it cannot be measured by the Department for Business and Trade.

It is certainly the case that most businesses and the public at large want and expect a plentiful supply of clean water, fewer leaks from pipes and a huge reduction in discharges of sewage into our waterways. There is a strong argument, which in a sense the Minister has already deployed, and I am sure will continue to deploy, that less regulation will normally produce economic growth. That may indeed be true for many sectors of the economy, but a monopoly industry where there is no competition, and which is causing so much damage to the environment, needs more regulation and enforcement, not less. So I ask the Minister to discuss with his Secretary of State whether the order really should apply to Ofwat along with the other regulatory bodies within scope of the order. My conclusion is that this order as drafted really could further damage an already degraded aquatic environment.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, it is a pleasure to follow the noble Duke, the Duke of Wellington. I speak at quite a lot of sewage rallies and in sewage debates and I always give him credit for leading the charge against the Government’s laissez-faire attitude to sewage. There is usually a slightly stunned silence that I am congratulating a Duke—but that is life.

We heard some very fine words in the opening statement about the environmental considerations not being affected and so on. I am really sorry, but it is nonsense. If you have growth, you are going to have environmental devastation. It is automatic; it happens everywhere. At the moment, we have torrents of sewage pouring into our rivers, on to our coastlines and into our chalk streams. But, instead of stopping it, this proposal aims to increase it; and instead of giving Ofwat tougher powers to regulate the water industry and turn off the tap of CEO bonuses and shareholder dividends, Ofwat is now being told that economic growth is more important than clean water.

Whenever this Government do anything, I always ask, “Who benefits?” Who benefits here, of course, are Conservative Party donors and the economic growth they are going to experience at our expense and, in this case, developers who provided almost one-third of Conservative Party funds for the previous decade. What the Government mean by “economic growth” is the ability of developers to build cheap, sell high and connect up a lot of new houses to sewerage systems that cannot even cope with existing demand without emptying the excess into our local rivers and streams.

The only way to ensure that new houses are connected to a modern, effective sewerage system is to have public ownership of water companies. The only way to ensure that our water bills are being used to build local sewers rather than offshore bank accounts is to have people in charge who work for the public good and not for private greed.

By asking Ofwat to consider economic growth, the Government are not asking it to make a judgment on whether that growth is desirable, yet a growth in pollution that requires millions to be spent on clearing it up is classed as economic growth. More money spent on medicines that fight off gastric diseases from polluted water is economic growth, as is money repeatedly spent on restocking the fish populations of rivers. Are we really saying to Ofwat that growth at any cost to the health of humans and nature is a desirable thing that it should promote?

Last year, this House defeated the Government’s attempt to allow developers to build new homes that would have added pollution to some of the most sensitive waterways in this country. From the Norfolk Broads to Devon, the Government hoped to let developers pass on the clean-up costs for pollution to local people paying their water bills. We in your Lordships’ House stopped them. I would have liked us to do the same today, but clearly it is not going to happen.

I know that I will be on the Opposition Benches pestering the next Government to change these rules back. It will not take legislation; it is something a Minister can do and I will expect them to do it. Back in 2021, when the Government stripped out the last of our amendments on stopping sewage in the Environment Bill, without timetables and targets, I said, Cassandra-like:

“This will come to haunt MPs”.—[Official Report, 9/11/21; col. 1161.]


As the noble Baroness, Lady Bakewell, mentioned earlier, this piece of legislation is a gift to the three opposition parties. At the rally I was at yesterday, all three opposition parties had a very sympathetic hearing, but, I am afraid, the Conservative MP had a very tough time, even though she was clearly very concerned about the issue. This Bill is a vote loser and the Government should remember that.

[Lord Harris of Haringey (Lab)]

My Lords, I am grateful to the Minister for his introduction to the order. I assume that one of the objectives it to try to bring some rationality to the different range of regulatory functions that exist between the different regulators. That is perhaps a laudable objective. But it is a missed opportunity in this case, as nothing is said in this order—nor has the Minister indicated that he would like to see this—about the regulators collectively trying to do what they can to ensure that the industries for which they are responsible operate so as to be resilient and able to deal with a variety of shocks. I declare my interest as chair of the National Preparedness Commission.

This is not just about environmental sustainability, although that is one element of it. It is about their ability as industries to respond to what may befall them. At a time of heightened international crisis—I appreciate that most noble Lords are here to discuss precisely that—it is extraordinary that the Government are not taking the opportunity to use the regulatory mechanisms to try to improve the ability of our critical national infrastructure to be resilient and to respond. I hope the Minister will be able to explain why the opportunity has not been taken to extend the remit to ensure that there is a broader definition—one not just about economic growth but promoting resilience. This has, for example, been taken on board by the UK Regulators Network as one of its longer-term strategic aims.

Post Office Horizon Scandal: Racism

Baroness Jones of Moulsecoomb Excerpts

Monday 19th February 2024 Lords Chamber

[Lord Offord of Garvel (Con)]

I thank the noble Lord for that. I can inform the House that the Secretary of State for the Department for Business and Trade will be giving a detailed Statement in the other place on this in about half an hour’s time, where she will categorically refute the allegations made by Henry Staunton—with evidence that we will put in the House of Commons Library to demonstrate that that was absolutely not the case. It does not match the facts. The fact of the matter is that we have compensated 64% of all the postmasters already and in the HSS scheme 100% already had offers in Henry Staunton’s time—so the facts do not match the article.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, listening to the noble Lord, Lord Sahota, has made me question whether or not misogyny and sexism played a role in the sentencing of the Asian sub-postmasters. Is that being looked into as well?

[Lord Offord of Garvel (Con)]

I thank the noble Baroness. As I said, these are all issues that will be looked at. Sir Wyn Williams has complete authority to look into all these matters and he will be guided by the public interest—where this is clearly in the public interest—and also by the advisory committee, with the noble Lord, Lord Arbuthnot, and Mr Bates et cetera.

Post Office (Horizon System) Compensation Bill

Baroness Jones of Moulsecoomb Excerpts

2nd reading & Committee negatived & 3rd reading
Tuesday 16th January 2024 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

My Lords, this Bill is welcome because we needed to see some action from the Government. It is very good, but of course there are a lot of questions that remain to be answered. I am curious about how many of these will get an answer over the next few years.

Where did the sub-postmasters’ money go? Did it pay for the bonuses of those who prosecuted them? Did Fujitsu ever get fined or even suffer any consequences for the failures of the Horizon system? Is it going to suffer in the future? At the moment, the taxpayer is covering the cost of the government redress scheme, but when do we get some of that money back from the people who made a profit or claimed a bonus as a result of destroying the lives of thousands of sub-postmasters?

What are the lessons we should learn, not just from this horrendous injustice but from the common themes of numerous modern scandals? We have had Hillsborough, which turned victims into pariahs as the establishment closed ranks. There was the “spy cops” scandal, with its denial of systematic abuse and cover-up, and the institutional racism of the Windrush scandal, which has its echoes in the racial profiling of sub-postmasters. All these are examples of how the establishment closes ranks and blocks progress. There is no recognition of how our democracy is failing to deliver for ordinary people.

There are so many awful things about the scandal of how the Post Office treated its sub-postmasters: the lies and threats used to isolate people and make them feel alone; the vicious use of courts to silence complaints about a flawed computer system; a system of corporate bonuses designed to encourage malicious acts against innocent people; and, of course, legal teams and professionals who lost their moral compass. This is David versus Goliath: a Goliath that was a private corporation, backed by the state and able to destroy people’s lives one by one. At least 236 sub-postmasters were sent to prison for offences they did not commit. Many have died poor and some committed suicide. Over 3,000 had their names dragged through the mud.

It is absolutely incredible that the sub-postmasters have had the resilience to get together and win. I am in awe of their tenacity and their patience—except, of course, they have not won yet. In the last decade, they have been deceived and messed around with previous compensation schemes. Fujitsu remains a favoured government contractor. In fact, it has won nearly 200 public sector contracts worth nearly £7 billion. When the sub-postmasters are cleared and their names are removed from the criminal records database, guess who has the contract to do that? Fujitsu. Is it, perhaps, too big to fail? Is it considered irreplaceable, or are there other reasons for continuing to use it?

It was the Post Office that relentlessly persecuted the sub-postmasters, but Fujitsu provided the expert witnesses in court to declare that it was the “Fort Knox” of software. It effectively pointed the blame at the sub-postmasters and away from the company, yet it now acknowledges that there were bugs and errors right from the start. Why, then, has Fujitsu been involved in £4.9 billion of solo and joint public sector contracts after the December 2019 ruling, including £3.6 billion during Sunak’s time as Chancellor and now Prime Minister?

Is it the close ties with Conservative Party donors, such as Simon Blagden, who stepped down as non-executive director at Fujitsu UK in 2019? He was a man who, along with companies he is associated with, has donated £376,000 to the Tories since 2005. Or the 2019 donation by Fujitsu Services Ltd of £14,000—peanuts, really—or the £21,000 to the Conservatives to run the Blue Room at their conference in 2015?

I am now going to offer some solutions, because I do not like to criticise without coming up with something positive to say afterwards. I suggest that the Government now take three immediate steps. They should hand back donations from those linked with Fujitsu. That is a role for the Conservative Party. They should have a moratorium on Fujitsu public sector contracts until the public inquiry reports. There should be a pause in using Fujitsu until we understand exactly what it did. They should pay the redress money as soon as possible, but get back as much from Fujitsu as possible. I see no reason why the taxpayer should carry the burden of most of the redress money. I would really like to point out that there are more questions raised now than answered. It would look very good from the Government’s point of view if they could, perhaps, answer some of those questions before the public inquiry does.

Whistleblowing Framework

Baroness Jones of Moulsecoomb Excerpts

Tuesday 16th May 2023 Lords Chamber

[The Earl of Minto (Con)]

My Lords, I think I have answered the question about the American system. Having said that, we will of course look at what is current practice and best practice overseas to see how we can take this whole process forward. Surely what we are trying to do is to come up with a world-class whistleblowing framework and structure that protects workers who come forward and risk their employment and, to some extent, their financial future in calling out this potential fraud.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, my direct experience of whistleblowers is that doing that actually devastates their life, their income and their circle of friends. They have a very tough time, particularly if they come from the police or the military. I am slightly concerned that the Minister almost seemed to rule out an office of the whistleblower, because it would be wrong to have a consultation and not look at all the options. It seems to me that we need something very drastic, because the current legislation is no protection at all.

[The Earl of Minto (Con)]

My Lords, I quite agree that taking any form of case to an employment tribunal is risky and difficult for the individuals involved, and it is no less so in a whistleblowing case. When the review is done and we are able to take a look at what the recommendations are—I think I have said this twice already—it will be very surprising if the question of an office of the whistleblower did not come up.

UK Car Production Since 2016

Baroness Jones of Moulsecoomb Excerpts

Tuesday 14th March 2023 Lords Chamber

[Lord Johnson of Lainston (Con)]

I greatly appreciate the noble Baroness for drawing this to my attention; I am afraid that I was unaware of government investment in Korean car production, so maybe we can follow that up at a later date. As I said, the Government have provided a huge amount of support for the motor industry, not just financial support but real support. I can assure her that the Office for Investment, which is under me at the Department for Business and Trade, works continually to ensure that all the opportunities around the world are brought to this country so that we can have a strong car manufacture and research and development industry in this nation.

[Baroness Jones of Moulsecoomb (GP)]

My Lords—

[Lord Lamont of Lerwick (Con)]

My Lords—

[Baroness Williams of Trafford (Con)]

My Lords, it is the turn of the noble Baroness from the Green Party, followed by my noble friend Lord Lamont.

[Baroness Jones of Moulsecoomb (GP)]

It is good that the Minister emphasises R&D, but, truly, electric cars are not really sustainable, so the Government will actually have to think about the next generation of much more sustainable vehicles. Will any of that research and development go into improving our public transport networks—not HS2?

[Lord Johnson of Lainston (Con)]

I am grateful, as always, for the prompting on the importance of achieving net zero and sustainability over the next so many years. I draw this House’s attention to the broadness of our attempts to build a sustainable automotive sector in this country, with Johnson Matthey announcing in July an £80 million hydrogen gigafactory at its existing site in Royston. So this is not simply about EVs; it is important that we want to have a diversified strategy to ensure that we are sustainable for the future. That requires effort, finance and the businesses themselves to be successful, and we are supporting all those three.