Economic Activity of Public Bodies (Overseas Matters) Bill

Debate between Philippa Whitford and Chris Stephens

2nd reading
Monday 3rd July 2023 Commons Chamber

[Chris Stephens]

Indeed. There was probably no discussion with the devolved Administrations on the Bill and the impact that it will have on the devolved institutions, so I agree with my hon. Friend. The UK Government claim that the Scottish Government pursue actions that undermine UK foreign policy, but that is simply not the case—it is not true. For many years, the Scottish Government have conducted international engagement which benefits the people of Scotland and aligns with present constitutional arrangements. Scottish Government Ministers are simply embodying the values-based principles of the Scottish electorate, as the Welsh would do with the Welsh electorate.

I listened to the Secretary of State arguing for the Bill, which gave an impression of what the death rattle of a dying Government sounds like. The Bill represents a desperate attempt by the UK Government to salvage something from the wreckage they have created across the fields of international trade, diplomatic relations and human rights. Let us look at those fields in turn.

[Dr Whitford]

Does not the gagging clause in the Bill, which will stifle debate and discussion about policy, fit with what we have seen in the last year or so with the Public Order Act 2023: the seizing by the Executive of almost every power to hold the Government to account, whether from the judiciary, voters, protesters or even MPs, through post-Brexit legislation?

[Chris Stephens]

Let me add trade unions and workers who decide to take strike action. Yes, we know who the Government’s enemies are because they have been legislating against them in the last year since they crashed the economy.

Public Interest Disclosure (Protection) Bill

Debate between Philippa Whitford and Chris Stephens

2nd reading & 2nd reading: House of Commons
Friday 25th September 2020 Commons Chamber

[Dr Philippa Whitford (Central Ayrshire) (SNP)]

I beg to move, That the Bill be now read a Second time.

Before I start my speech, I too wish to send my and my party’s condolences to the family of the police officer who lost his life in the line of duty last night.

Bristol Royal Infirmary, Mid Staffs, Morecambe Bay, Liverpool and Gosport: as in previous debates, I recite this shocking litany of tragedies, which have become household names, to remind us all of what is at stake.  In each of those scandals, there were those who tried to raise concerns and protect patients, but they were ignored and often intimidated, victimised or even dismissed. Had they been listened to, lives could have been saved.

Whistleblowing is an issue in many sectors, including financial services, as I am sure we will hear about later, but it is often the NHS and social care cases that stay in our memories, due to the terrible impact on patients and their families. The very term “whistleblower” denotes a boiling kettle—a sense of pressure and build-up, until a valve releases. In many cases, the poor working practices or patient safety issues have been going on for a long time before someone is finally driven to speak up. That is because the whistleblowing landscape before them is littered with broken careers and, indeed, broken people who tried to do the right thing.

Most businesses and organisations want to create a good external impression—to project an air of success and to attract more business. As Sir Robert Francis highlighted in the Mid Staffs inquiry, that can be a significant pressure if public services are competing for contracts in a market-based system. The temptation is to cover things up—to look good from the outside, rather than admitting a problem and trying to fix it. That immediately places the employee in conflict with their employer, who just wants the problem to go away. To redress that power imbalance, it is necessary to protect and support whistleblowers, to encourage them to step forward and raise their concerns, whether on patient safety, financial wrongdoing or environmental damage.

[Chris Stephens (Glasgow South West) (SNP)]

I thank my hon. Friend for bringing this Bill to the House. Does she agree that one of the important factors behind this Bill is to protect employees who engage in whistleblowing, many of whom find themselves dismissed, albeit for other reasons?

[Dr Whitford]

I thank my hon. Friend for that intervention. That is exactly the problem with the Public Interest Disclosure Act 1998, which falls within employment law, putting the burden on the employee to prove that they have been sacked purely for raising a concern, rather than on the employer. As I will come to later, such cases very quickly turn into, as we would say in Scotland, a complete rammy.

In the five years that I have been in this House, I have heard politicians from all parties, including the previous Health Secretary, praising whistleblowers. However, despite several debates on the topic and about the need for action, nothing has been done to provide the protection they need from the point at which they make a disclosure. That is the critical thing: to protect them from damage, not to allow a system to pick it up afterwards. During the covid crisis, when we were out clapping the NHS and social care workers, we heard just as many stories of intimidation of those raising concerns about PPE or staffing.

When the Public Interest Disclosure Act—or PIDA—was passed 22 years ago, it too was a private Member’s Bill. I wish to express my thanks to the Clerk of private Members’ Bills in the Public Bill Office for all his work, but I recognise that I have pulled this Bill together, so I have no problem with its being improved, changed or developed in order to make it function. This is not a party political issue; whistleblowing exists in every sector, in every nation. We should recognise the need to deal with it and try to fix it.

At the time, PIDA was hailed as world leading, but that was 22 years ago. There are now better international examples, and it is in need of a complete makeover. What are the problems with PIDA? First, whistleblowers think that it offers protection from the point at which they come forward, but it does not. It merely allows them to challenge their employer in an employment tribunal after they have suffered detriment, such as missing out on promotion, being bullied or threatened or, as in a third of cases, even losing their job. As I said, the burden of proof is on the whistleblower to prove that raising a concern is the only reason that they have been sacked, rather than on the employer to prove the opposite. It is rather unsurprising, then, that only 3% of tribunal cases are successful—there is a 97% failure rate, and that is just the ones that actually go all the way to a tribunal.

The litigation process also creates opportunities for further victimisation and intimidation, with breaches of confidentiality and threats of spiralling legal costs. Ordinary workers in most sectors simply cannot maintain the fight. The problem is that as PIDA sits within employment law, it just turns into a battle between employee and employer. The original cause for concern that made them speak up gets completely lost, rather than investigated and action taken to fix the problem. This is actually the whistleblowers’ biggest complaint. The people I met said it was not even about their detriment or protection for them, but about the fact that after everything they went through the issue was never investigated and certainly never dealt with.

The National Health Service

Debate between Philippa Whitford and Chris Stephens

Wednesday 23rd October 2019 Commons Chamber

[Chris Stephens]

That may very well be the case, but if the hon. Gentleman thinks that the concerns around TTIP were scaremongering, I disagree with him most strongly. Many of us thought that TTIP would have been Thatcherism’s ultimate triumph. I am glad that it did not proceed.

I will vote for the Opposition amendment because there are those of us in the House who do not trust the Government and who have real concerns about future trade deals and what they would mean for the NHS. Everyone in the House has a responsibility to support that amendment.

[Dr Whitford]

rose—

[Bim Afolami]

rose—

[Chris Stephens]

I give way to my hon. Friend first.

[Dr Whitford]

It is the case that Trump cannot change the NHS into an insurance system, but there are at least 19 Conservative Members who have expressed that view at some time in their career. What Trump has promised is to drive up the drugs bill by at least two and a half times.

[Chris Stephens]

As usual, my hon. Friend makes her case excellently. There are few people in the House who could match her knowledge of healthcare.