Oral Answers to Questions

Debate between Kevin Hollinrake and Mary Robinson

Thursday 25th January 2024 Commons Chamber

[Mary Robinson (Cheadle) (Con)]

12. What steps her Department is taking to encourage sub-postmasters who were affected by the failure of the Post Office Horizon system to claim compensation.

[The Parliamentary Under-Secretary of State for Business and Trade (Kevin Hollinrake)]

Over £153 million has been paid to 2,700 victims. We encourage anyone impacted to use the three compensation schemes available. We have already published the details of the up-front £75,000 fixed-sum offer for group litigation order postmasters on the gov.uk website, created a new claim form, and written to all eligible members of the GLO scheme to explain the offer further.

[Kevin Hollinrake]

I apologise on behalf of the Government to Kym Ledgar for what she has been through. It is absolutely our intention that everybody gets full and fair compensation, and that is not only for financial losses but for non-pecuniary losses. We have taken a number of steps to ensure that the compensation is fair and delivered swiftly, including by establishing the independent advisory board, on which the noble Lord Arbuthnot sits. We will continue to work with the board and consider what further action is required, but yes, I would of course be happy to meet my hon. Friend to discuss these matters further.

[Mary Robinson]

The Post Office Horizon scandal has made clear to us all what happens when whistleblowers are ignored or silenced. Does my hon. Friend agree that as well as ensuring that victims are properly compensated, we need better legislation to protect whistleblowers? As the Government’s whistleblowing framework review draws to a close, will he meet me to discuss how the outcome of the review can be used to support the Whistleblowing Bill that I presented to the House yesterday?

[Kevin Hollinrake]

I thank my hon. Friend for all her work. At one point we were co-chairs of the all-party group for whistleblowing, and she does a tremendous job in raising this issue time and again in the House. We are currently reviewing the effectiveness of the whistleblowing framework in meeting its intended objectives. Every scandal that I have talked about in this House over the years, from the Back Benches and the Front Benches, has come to light because of whistleblowers, who are hugely important. We are reviewing that frame- work. The research for the review is near completion, the Government will set out the next steps in due course, and yes, of course I would be happy to meet my hon. Friend to discuss that.

Whistleblowing Awareness Week

Debate between Kevin Hollinrake and Mary Robinson

Thursday 23rd March 2023 Westminster Hall

[Kevin Hollinrake]

No? I thought the hon. Gentleman was.

In law, NDAs cannot be used to prevent a worker from blowing the whistle, so there are some protections in law in that respect. I believe the shadow Minister, the hon. Member for Feltham and Heston, also brought out that point.

[Mary Robinson]

On NDAs being used to prevent a worker from blowing the whistle, the Minister is quite right to make that point, but of course another point to consider is when a person blows the whistle, an employment dispute might arise that could be the subject of a case that goes to law, or lead to that person being dismissed from their job. At that point, the person might accept an NDA, so the harm that was being reported and brought to light in the first place is thereby effectively covered up.

[Kevin Hollinrake]

That brings me to my next point. My hon. Friend makes a very good point, but the employment tribunal is there to settle compensation. It is the regulators in the various sectors that are there to look at the problem, the detriment, and to consider the whistleblowing concerns and act on them. That cannot be restricted by an NDA in that kind of compensation settlement, I think.

What I regard as the key point in my hon. Friend’s contribution today is the proposal for an office of the whistleblower. I quite understand that the intent is to provide one central place for whistleblowing and to make sure that we have best practice across the piece. Such an office would provide consistency in standards for regulatory investigations triggered by whistleblowing information. I am also interested in the issues that dealing with whistleblowing disclosures might raise for the prescribed persons, and vice versa.

I know there are concerns, not just in Government but in wider circles, about how such an office would interact with the role of regulators, who are experts, of course. It is important that we look at the arguments for and against the proposed office, and I am keen to look at international examples. My hon. Friend referred to the USA. The numbers of disclosures there are interesting. According to my figures, there were 50,000 protected disclosures in the UK in 2020-21. I think my hon. Friend said that 20,000 were dealt with by the Office of the Whistleblower in the US, which is obviously a much bigger country in terms of population and potential whistleblowing. I am interested in the gap.

One point to make is that a UK office of the whistleblower would of course need extensive resources to be able to handle or to oversee 50,000 protected disclosures, and significant expertise to ensure that it fully understood the nature of the problem and was able to work alongside the regulators, which I think is what my hon. Friend envisages, rather than replace the regulators in terms of their functions. Clearly, regulators themselves, be it the FCA or the regulators in the NHS, would have a responsibility to ensure that the issues were addressed properly and whistleblowing guidelines and processes were followed. It is a question of understanding the interaction between the two and what resources would be needed to fully and properly fund an office of the whistleblower.

All these matters need to be taken into account in deciding how to proceed. The review, as I have said, is something that we want to bring forward very quickly, and we want hon. Members on both sides of the House to be able to input into it.

Economic Crime and Corporate Transparency Bill

Debate between Kevin Hollinrake and Mary Robinson

Report stage
Tuesday 24th January 2023 Commons Chamber

[Kevin Hollinrake]

It sounds like a matter for the Financial Conduct Authority, which does not directly relate to my portfolio, but that would be my first call as a constituency Member of Parliament. The case the right hon. Lady raises sounds very distressing for her constituents. If I can help in any way I will of course be happy to do so.

[Mary Robinson (Cheadle) (Con)]

I congratulate my hon. Friend on bringing this Bill forward and welcome him to his place. He knows of my concern that whistleblowing is not mentioned in the Bill, yet whistleblowers are key to exposing the type of crime we are talking about. In the implementation of the Bill, will he reconsider the role of whistleblowers and recognise how important their role is in this space? Will he also look at examples of good practice from around the world because existing whistleblowing laws—I know he agrees—are not fit for purpose?

[Kevin Hollinrake]

That may not be part of this Bill, but it is part of my portfolio, I am pleased to say. My hon. Friend and I have worked together to further the cause of whistleblowers on many occasions. I am keen to bring that forward quickly. We have work under way now that will lead to a review. I am keen to complete that work quickly and come up with some firm recommendations. I am also keen to look at international examples of best practice. She is keen to have an office for the whistleblower, for example. It is right to look at other jurisdictions to see how that is working elsewhere, which can inform our work. I am keen to make significant changes as quickly as possible.

I shall draw my comments to a close and listen to the rest of the debate. I am interested to hear about the amendments tabled by Members on both sides of the House. I am sure today’s debate will be as well considered and beneficial as those on the Bill thus far. I hope Members on both sides of the House will continue to support the measures in parts 1, 2 and 3, so that we can deliver these much-anticipated and much-needed reforms. They will help to protect our constituents and the country, and ensure that the UK remains a great place for legitimate businesses to thrive.