Enterprise and Regulatory Reform Bill

Debate between Lord Touhig and Lord Young of Norwood Green

Tuesday 26th February 2013 Lords Chamber

[Lord Touhig]

My Lords, on the good faith test, I certainly welcome Amendment 33, as I think it does mitigate the effects of the introduction of a public interest test as set out in Clause 15. The removal of the good faith test at the initial stages of a whistleblowing claim cuts down the number of hurdles that a whistleblower has to satisfy in order to establish a prima facie case. Having worked closely with the charity Public Concern at Work from the very first time I introduced a whistleblowing Bill when I was a Member of the other place, I know that it, too, welcomes the Government’s response here, as it certainly attempts to strengthen the protection of whistleblowers.

The publication of the Francis report, about which I spoke a moment ago, and the recent revelations about the NHS chief executive, show, in my view, that there is a compelling case for reviewing whistleblowing. We had attempted to persuade the Government in the past that the Public Interest Disclosure Act should be reviewed. I certainly welcome the Minister’s remarks. If I understood him correctly, he said that the Government will work very closely with Sir Anthony Hooper, who is to chair the commission that Public Concern at Work has now set up to look at these matters. I am very pleased that the Government will be co-operating with the commission. It will start taking evidence in March. It is in the interest of all of us that we make sure that as much information as possible goes to this commission so that if a strong case is made for further review, revision or amendment of the Public Interest Disclosure Act, we can do that together in the interest of protecting people who blow the whistle to protect us.

[Lord Young of Norwood Green]

My Lords, I welcome government Amendment 33, which implements an amendment tabled by my noble friend Lord Wills in Committee. This amendment addresses concerns that were raised across all sides of the House that the Government’s decision to introduce a public interest test to the Public Interest Disclosure Act would discourage whistleblowers from coming forward by placing an additional legal test on individuals in order for them to be assured of protection from retributive action by their employer.

It was already the case that in order for whistleblowers to qualify for protection under PIDA it had to be shown that the individual had made such a disclosure in good faith. Throughout the passage of the Bill, we have argued, alongside Public Concern at Work, the organisation that first lobbied for the protection of PIDA, that the combination of a public interest test with the existing good faith test will create legal uncertainty over how these two conditions should interact and potentially dissuade many more individuals from coming forward with concerns. As I and many other noble Lords have repeatedly said, now is not the time to be putting up more barriers to individuals who may blow the whistle but are scared of the consequences, as the Francis report highlighted.

The Government need to be doing all they can to foster a culture of greater openness and transparency within institutions such as the NHS in order to ensure that people feel supported and listened to when raising concerns. We welcome the move by the Government to remove the good faith test from PIDA, leaving just public interest as the primary test for any disclosure made in relation to protections under that Act. It implements what we have been calling for throughout, which is greater clarity and certainty around the Act, and we thank the Government for listening and responding to those concerns. I also endorse the points made by my noble friend Lord Touhig about the forthcoming commission and examining the need to review PIDA. Once again, I thank the noble Viscount and we will support the amendment.

Education Bill

Debate between Lord Touhig and Lord Young of Norwood Green

Wednesday 26th October 2011 Lords Chamber

[Lord Touhig]

My Lords, I will not detain the House for long. I was going to say a few words about the amendment of the noble Lord, Lord Avebury, but the noble Lord, Lord Alton, has covered the points that I would have made. In an exchange with the noble Lord, Lord Avebury, the other day I said that those of us of faith and those who are secularists—such as him—have to coexist. We have to try to find ways through the problem about the Isle of Wight, which he has properly highlighted. However, that is perhaps better decided by local people than by putting something in the Bill.

I shall say a few words in response to the three amendments of my noble friend Lady Massey of Darwen. The Bill provides that where a new school is required, the local authority must consider the establishment of an academy or a free school before consideration is given to any other type of school. From the point of view of the Catholic education authorities, that would be a disadvantage. In any entirely new academy or free school, priority can be given to children of faith in relation to only 50 per cent of the places in cases of oversubscription, and that would clearly be a disadvantage. The Bill therefore sought to compensate for and counter that disadvantage by making provision to allow voluntary-aided schools to be established more easily.

The amendment moved by my noble friend would effectively limit the opportunity to establish new voluntary-aided schools. That would be a handicap, especially where there is a demand for them—and there is certainly demand in parts of London where there has been a rapid growth in the Catholic population in recent years. The other disadvantage of my noble friend’s amendment is that, as I understand it, if it were part of the Bill, academies and free schools would be the only schools that could be established, and I do not think that that is the policy of our party.

[Lord Young of Norwood Green]

My Lords, I rise to speak primarily to Amendment 70A, which was moved by my noble friend Lady Hughes of Stretford. I must admit that it is a curious irony that a Government who often proclaim their belief in localism and plurality should seek to impose a prescriptive solution on new schools. I was recently looking at the range of schools that, for instance, the Church of England provides in London. There is a wide variety of about 150 schools; some are academies and some are community schools. Although academies are very much the flavour of the day, they are not—and surely should not be—the only solution. It would be dangerous to assume that there is only one solution.

I should perhaps declare an interest as a governor of my local community primary school, and as someone who participates in the Lords outreach programmes and visits a wide range of schools. One can see successful academies and one can see successful community schools. My noble friend is absolutely right to say that Amendment 70A is not anti-academy by any means. It sends the message that the issue should be left to local determination. I should be very interested to hear the Minister’s response.