Economic Crime and Corporate Transparency Bill

Lord Cromwell Excerpts

Committee stage
Tuesday 9th May 2023 Grand Committee

[The Lord Bishop of St Albans]

My Lords, I think I can be quite brief thanks to the noble Baroness, Lady Kramer, as I have been able to ditch most of what I was going to say because she has already made it so clear. I was persuaded to put my name to this amendment simply because I met a woman in one of my churches on a Sunday after worship who is currently in precisely this situation, and her whole life has basically fallen apart.

She came across something that it was clear to her was wrongdoing; she agonised for weeks and tried to take advice, which was difficult to get because of confidentiality. Eventually she decided that she needed to blow a whistle. She was immediately suspended, taken through a disciplinary process and dismissed. She is now trying to decide whether she can afford to take this through the courts. Her view is that she would probably have to sell her house to do so. It really is a David and Goliath situation.

As has been said, often the best people to spot what is going on are not necessarily the auditors—they try their best, but it is difficult for them; we see constantly how they do not always manage to spot what is going on and get an accurate picture—but those on the inside. Since the whole of our financial services sector, which is one of our great achievements and a fantastic part of our life, relies ultimately on trust—our greatest currency in this country—the integrity issue absolutely kicks in. In a world in which trust is at a low ebb, this is terribly important.

The reason people give for not wanting to be a whistleblower is the cost. A public consultation conducted by the European Commission revealed that the most common reason for not wanting to come forward with allegations of wrongdoing was simply the fear of legal consequences, which 80% of individual respondents reported as their primary reason. After that came fear of financial consequences at 78% and fear of what it would do to your reputation at 45%. As the noble Baroness, Lady Kramer, said, an informal blackballing goes on behind the scenes. The woman I mentioned is now fairly clear that, even if she wins this case, it is very unlikely that she will ever get another job in the financial sector. These are legitimate fears. A 2021 survey conducted by the charity Protect found that over 60% of whistleblowers reported experiencing negative consequences such as being dismissed, victimised or subject to harassment or bullying.

I hope that His Majesty’s Government will look closely at this or at somehow strengthening how we can support whistleblowers, for the long-term prospering of financial services in this country. I look forward to hearing the Minister’s response to this amendment.

[Lord Cromwell (CB)]

I support Amendment 92 in the name of the noble Baroness, Lady Kramer. I have for a long time supported the better treatment of whistleblowers, who are treated appallingly badly. It is a difficult task, because many organisations—no matter how big their policy on whistleblowing—immediately close ranks against the whistleblower, who often starts out as someone trying to help and not even feeling that they are a whistleblower.

I will illustrate this briefly with two points. When I asked an Oral Question on whistleblowing some time ago, one of our esteemed colleagues, who is no longer with us, was sitting near me and said, “What are you asking about? Whistleblowers? Do you mean snitches?” In my Question, I was going to name someone in the financial services world whose solicitor contacted me minutes before I stood up to say that they had changed their mind and asked me not to name them, because they were so frightened of what would happen to them as a result. That makes a strong case—as do the powerful speeches that we have heard—for having a body such as an office for whistleblowers.

I was on an interesting call a little while ago with people interested in whistleblowing in America. It struck me how interested the investors were. One of them said, “I’ve put several million into this company; I want to hear from whistleblowers and know what’s going on with my money”. You do not hear that often enough. Investors have a direct interest in whistle- blowers delivering proper information about what is going on.

To help bolster even further my emphatic support for this amendment, I have a couple of questions for the noble Baroness, Lady Kramer. First, how would the office do what it is required to under subsections (4)(a) and (4)(b) of the proposed new clause? Secondly, can she clarify—the noble Baroness, Lady Altmann, touched on this—when the office for whistleblowers would come into play? Is it from the beginning or at the end, as a last recourse? How would it interact with the employer? I am not quite clear about how that would work. Fear not: I am entirely in support, but it would help me to have some clarity on those points.

--- Later in debate ---

[The Deputy Chairman of Committees (Lord Lexden) (Con)]

Lord Cromwell, are Amendments 105 and 106 not moved?

[Lord Cromwell (CB)]

My Lords, we had a vigorous debate on Amendments 105 and 106, which attracted a lot of cross-party support. I certainly intend to return on Report and look forward to working with the relevant Minister and other Members of this House to improve on them. We had a certain amount of talk about dogs earlier on this afternoon. I should advise the Committee that my wife tells me that I am a terrier in human form. So, in not moving my amendment, I say to the Minister, very gently and in a friendly way, the words of that old Roman mosaic: “Cave canem—beware of the dog”.

[The Deputy Chairman of Committees (Lord Lexden) (Con)]

After the human terrier, we continue.