Office of the Whistleblower Bill [HL]

Lord Bassam of Brighton Excerpts

2nd reading
Friday 25th June 2021 Lords Chamber

[Lord Bassam of Brighton (Lab) [V]]

My Lords, I start, as others have, by heartily congratulating the noble Baroness, Lady Kramer, not only on bringing the Bill forward but on her years of tireless campaigning on the issue, which I hope will come to fruition.

Like others, I have done a bit of whistleblowing, so I understand from personal experience just how perilous an activity it can become, not least for people’s employment status. As we have heard, we need whistleblowers across our country to keep businesses, public activities, government and corporations clean and straight, and to avert the tragedies that may result from internal cultures of denial when things go wrong.

When people come forward they do not do so for money or fame; it is often in spite of the impact on their career or family. They do so because they believe that they are doing the right thing and that the public have a right to know. There are many examples where whistleblowing could have made a real difference: Grenfell, Carillion and Boeing 737 MAX, just to name a few. In some cases, one person’s actions could save hundreds of lives.

We know that our current legislation, the Public Interest Disclosure Act 1998, is not adequate, but it was good at the time to ensure that whistleblowers got the protection and support that they needed. It dissolves down into employment tribunals, where individuals must face their employer, with relevant individuals, such as trustees, trainees and volunteers, being excluded from the law and regulators being unaccountable for the way they treat whistleblowers, who do not even get legal aid and must personally pay their legal fees.

Ultimately, there are no official standards for whistleblowing that employers must meet or recognised procedures for them to follow. This can have a serious impact on how quickly whistleblower reports are accessed. For example, only this month it was revealed that the FCA was still assessing 316 reports from 2019 and 630 from 2020. Does the Minister think that this is right and acceptable? How timely should companies and regulators be when reviewing whistleblower reports? Clearly, things need to change, as we have heard today from speakers right across the House.

However, sadly, it seems to me and others that the Government do not take this as a priority. As others have said, the most recently introduced change was back in 2017: a new legislative requirement for most prescribed persons to produce an annual report on whistleblowing disclosures made to them by workers and employees. Earlier this year, the Government said that they

“recognise how valuable it is that whistleblowers are prepared to shine a light on wrongdoing and believe that they should be able to do so without fear of recriminations.”—[Official Report, Commons, 8/6/21; col. 846.]

They are quite right. Ministers say that they remain committed to

“reviewing the UK whistleblowing framework and will carry this out once sufficient time has passed for there to be the necessary evidence available to assess the impact of the most recent reforms.”

They say that

“The scope and timing of such a review will be confirmed in due course.”


However, we are no further forward in hearing more about when the review will start, how long it will last and what will become of any recommendations. What does “sufficient time” mean, and what evidence are the Government seeking to collect? How much evidence do they need before they can “assess the impact”? I hope that the Minister can fill in these blanks.

I turn to the Bill. The idea of the office of the whistleblower is certainly interesting, and we welcome the opportunity to debate it. As the noble Baroness, Lady Kramer, clearly explained, it requires the Government to establish an office of the whistleblower, which would be responsible for the administration arrangements to facilitate whistleblowing. It would have several powers, including giving direction to the monitoring of activities of relevant bodies on issues such as confidentiality and the use of disclosed information; consulting on amending or replacing UK whistleblowing legislation; being a point of contact for individuals who wish to disclose information about wrongdoing; and maintaining a fund to support whistleblowers—all things that are clearly essential. It seeks also to offer the protection and support for whistleblowers that is currently missing.

It would be helpful to hear the following from the Minister. What concerns does he have about a dedicated office? How can this protection and support be offered without a specific office? If his concerns are financial, how much does he expect the office to cost? The Labour Party has also suggested giving protected status to whistleblowers and imposing a statutory duty on employers to prevent victimisation. I thought that the noble Lord, Lord Hendy, made a really powerful argument for that, and the importance of having a statutory code of practice. Does the Minister support such proposals, so that we can prevent discrimination against victimisation?

In conclusion, whistleblowers play an important role in protecting the public and consumers, and they could do much more with protection. They can ensure that businesses and services operate more effectively and efficiently and stop serious incidents from occurring. We need to ensure that they receive the right and proper support. To do that, action is needed, and I look forward to hearing what the Minister proposes in his response. This is too important to be left for long, and I should like to see legislation brought forward as a matter of urgency, if the Government are not prepared to support the Bill proposed by the noble Baroness, Lady Kramer, which has so much going for it and many merits.