Protection for Whistleblowing Bill [HL]

Lord Callanan Excerpts

Friday 2nd December 2022 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Business, Energy and Industrial Strategy (Lord Callanan) (Con)]

My Lords, I join the rest of the House in congratulating the noble Baroness, Lady Kramer, on securing Second Reading of her Private Member’s Bill. As a former co-chairman of the All-Party Parliamentary Group on Whistleblowing, she has continuously highlighted the important role that whistleblowing plays, shining a light on wrongdoing and advocating reform in this area.

I thank all other noble Lords who have contributed to this excellent debate, many of whom spoke passionately about the experiences of whistleblowers. Like the rest of the House, I was appalled and saddened to hear about the bullying and unethical treatment of my noble friend Lord Shinkwin, and I was sorry to hear about the experiences of the noble Baroness, Lady Jones. It is of course ridiculous that the Metropolitan Police was wasting resources on keeping a file on her; I assume it must have arisen from her membership of the jam-makers’ liberation army and other such extremist organisations. Frankly, it is infuriating when you hear reports, as you often do, of the police not having the resources to investigate thefts, burglaries and other matters when they were wasting resources on such things. I hope their practices have been reformed since then.

I was concerned, as I am sure the rest of the House was, to hear about the issues raised regarding University Hospitals Birmingham. I confirm that the Department of Health and Social Care has approached NHS England for a full update in relation to that matter.

The noble Baroness, Lady Kramer, asked why so many scandals still occur. It is important to remember that the whistleblowing framework provides workers with a route to raise such concerns to their employer or prescribed person.

The noble Lord, Lord Browne, asked what evidence there is that action is being taken on whistleblowing disclosure to regulators. The Government are aware of the importance of transparency in how the framework for prescribed persons—they are usually regulators—for whistleblowers works and how they deal with whistleblowing disclosures. That is why, in 2017, we introduced a requirement for most prescribed persons to report on the whistleblowing disclosures that they receive. Those reports show that over 50,000 whistleblowing disclosures were made to prescribed persons in the 2021 financial year and the range of actions that regulators can take in relation to whistleblowers.

My noble friend Lady Altmann and the noble Lord, Lord Bassam, asked for reassurance that the Government take whistleblowing seriously and what our plans are for the review of the whistleblowing framework. There is no doubt that the Government value the important work that many of these whistleblowers do when they speak up. From our point of view, recent action to strengthen the whistleblowing framework includes guidance for prescribed persons, and for whistleblowers and employers.

As I mentioned, we introduced a new requirement in 2017 for most prescribed persons to produce an annual report on whistleblowing disclosures. We also made a recent update to the prescribed persons order—the bodies and individuals that are prescribed for whistleblowing. These changes will come into force later this month. As mentioned, we are also intending to carry out a review of the existing framework and will share further information on this in due course.

I turn now to the contents of the Bill, which would repeal the Public Interest Disclosure Act 1998 and introduce a new legal framework for whistleblowers. The Government’s concerns with this Bill are twofold. First, it is premature to make legislative change ahead of the planned review. Secondly, there are some difficulties with the approach to whistleblowing policy in this Bill. I will briefly set out some of the key concerns about this approach.

Part 2 of the Bill contains provisions on the office of the whistleblower. As well as providing advice and guidance, the office would have significant powers to set and enforce standards. I understand that the intent of this provision is to provide consistency in standards for regulatory investigations that have been triggered by whistleblowing information. Our concern is in relation to how the office would interact with the role of regulators.

Under the existing framework, there are currently over 80 prescribed persons for whistleblowing, many of whom are regulators. In our view, an overarching body would not have the expertise to advise each sector on how disclosure should be investigated and what further action may be required. To impose an overarching standard could also jeopardise the ability of regulators to develop whistleblowing frameworks that are responsive to the specific challenges in their particular sector. Should the new body have these functions, it would require significant staffing resources, with diverse expertise across a range of sectors, to enable it to carry out these functions effectively.

The Bill introduces new criminal offences relating to whistleblowing. This means that it would become a criminal offence to subject a whistleblower to any detriment. It would also be an offence if a person who had received an information notice from the office provided false information or prevented the office investigating relevant materials.

I note the concerns from my noble friend Lady Altmann on employment tribunals, but this would be a big step away from what the current framework aims to achieve, which is openness and transparency in how disclosures are handled. I would not want the Government to take a step away from the employment tribunal system without considering all the evidence that would be gathered through the planned review.

I thank the noble Baroness, Lady Kramer, for bringing the Bill to the House and for enabling this important debate. But, as it stands, the Government are not convinced that the Bill is the right solution to the matters that have been raised.