Small Business, Enterprise and Employment Bill

Baroness Mobarik Excerpts

Monday 26th January 2015 Grand Committee

[Lord Young of Norwood Green (Lab)]

My Lords, we support these amendments. I will preface my remarks by reminding us that in many circumstances this is a matter of life and death. Often the whistleblower finds that his or her life is turned upside down for a considerable period of time and they are put under enormous stress. The lives of the general public can also be affected, as we know from some of the first cases, for example that of the paediatric unit in Bristol. We know that when large organisations get it wrong, they put people and the public at risk, sometimes in extreme circumstances. It is right to remind ourselves of that, and of how much courage it takes for an individual in a large organisation to bring themselves to the point when they feel they have to whistleblow. They might have gone through the procedure of trying to alert their first line manager or even somebody further up the management chain, and still have failed to get any recognition that there was a real problem to be addressed.

We therefore think that the amendments proposed by my noble friend Lord Wills are reasonable; they are justifiable in trying to sort out whether a worker is in fact a whistleblower and is ensured protection. That is extremely important. The amendment enables workers who have been wrongly identified as having made a protected disclosure to be protected under PIDA. Trying to ensure that gagging clauses are finally rooted out is surely another important amendment, and I look forward to hearing the Minister’s response to it. The National Audit Office concluded that many individuals believed that they were gagged regardless of whether or not this was actually the case. Anything that makes that situation clearer and provides adequate protection surely is worth while.

I do not think I need to take much time over the question of whether or not we should include student medical professionals. It seems necessary and I hope that the Government will be sympathetic to it.

Amendment 65 deals with blacklisting. Although we believe that there should be a further inquiry into the general nature of blacklisting, my noble friend Lord Wills has suggested a very reasonable approach to what happens to an individual who, having already lost their job through no fault of their own, finds themselves in a situation where they are unable to gain any further employment, which is surely appalling.

Amendment 63 seeks to ensure that there is not a get-out clause where an employer can suggest that instead of something being a disclosure of information where there is a protected circumstance, that can be got round by considering that it in fact was an allegation, which does not give the employee protection.

I do not need to go into an awful lot more detail because my noble friend Lord Wills and the noble Lord, Lord Low, gave a very detailed analysis. But I will deal with the point about the whistleblowing ombudsman, if only to respond to the noble Lord, Lord Low. One can always make the point about another layer of bureaucracy but when somebody finds themselves in the position of being a whistleblower, we would like to think that these situations are dealt with speedily and promptly but all the evidence tells us that unfortunately these cases go on, in many cases for years, and surely at the end of the day what the individual wants is justice. Having somebody who is genuinely independent as the last port of call is a worthwhile suggestion.

For those reasons, we support these amendments and I look forward to hearing the Minister’s response.

[Baroness Mobarik (Con)]

My Lords, as a new Member of the House, it has been fascinating to follow this Bill through Committee. I am sorry I was unable to speak at Second Reading but I just wanted to say that I support the Bill as a whole, and Clause 144 on whistleblowing. However, listening to noble Lords, there seems to be a lot of new material here that could hold up this important Bill. I should like to hear from my noble friend the Minister what else may be planned outside the Bill on this very important issue.

National Infrastructure

Baroness Mobarik Excerpts

Thursday 22nd January 2015 Lords Chamber

[Baroness Mobarik (Con)]

My Lords, I rise to make a few points in this debate on what is clearly an extensive subject and one which has a significant impact on our own and our children’s long-term future. I would like to say first that in this debate, whatever our political allegiance, we all essentially want the same outcome, which is an infrastructure that will strengthen our economy and ensure that we remain one of the leading economies of the world. To do that, though, we cannot rely on our Victorian heritage. We must have a long-term vision and the will to make it happen. As the Chancellor said last year:

“We must learn from the past, not be the past. Decide or decline. That is the choice”.

That means not only putting aside our political differences but doing things differently, for clearly, as it stands, the system of decision-making still leaves considerable room for improvement. I welcome Sir John Armitt’s proposals for an independent infrastructure commission because it has sparked a debate and, it is hoped, will lead to the outcome that we all want.

From a business perspective, there is clearly support for doing things differently. The noble Lord, Lord Adonis, quoted the views of the CBI on this. That is not to say that the direction of travel in recent years has not been positive. The publication late last year of the road investment strategy and the forthcoming publication of a digital strategy this year indicate that we are starting to think beyond the immediate future. The innovations in the Infrastructure Bill currently going through the Commons are helping to put in place the building blocks for this. These are less controversial, though, than some of the tough decisions that are still outstanding, and none is more pressing than the key question of the airport capacity that is required if the UK is to remain competitive, and if we are to rebalance our economy and secure longer-term sustainable growth.

The experience of the Airports Commission, currently led by Sir Howard Davies, offers interesting insights upon which we can draw, demonstrating the importance of taking an evidence-based approach. When analysed in the cold hard light of day, the case for new runway capacity in the south-east is clear. With this clarity, it is essential that we as politicians play our part and commit to implementing the proposals when they are published in June, so that we can finally increase our capacity and grow the links to emerging markets that our businesses so desperately need. In the past five years, while we have been reviewing one runway, China has gone from 175 to 230 airports.

Getting value for money is important, although I cannot help but ask the question: did the Victorians rigidly cost-benefit analyse every project they undertook or did they start with a vision of what they wanted to achieve as a country? Where do we want to be: among the top industrial nations of the world or lagging behind because we have made an industry of analysing the detail of the tools we require in order to get there? Indecision on new runway capacity is already impacting on business investment, so we must take action as soon as possible. Business needs clarity, and not just on aviation but on the long-term future of infrastructure across the board, from our energy supplies to our funding for upkeep of the road network. These are key aspects that will promote growth. In all these areas we need to have an adult conversation both with each other and with the public about what we need and when we need it.

For too long, major infrastructure projects have become a painful process which has been hijacked by bureaucracy, electoral cycles and interest groups, despite the fact that we have democratically elected representatives to take these important decisions. It is important that we have a national debate which involves both politicians and the public, but we must also keep the end goal in mind—job growth, prosperity and security for our citizens. Perhaps an independent body made up of experts is the best way to help politicians to achieve this.