Mary Robinson MP, Chair of the APPG for Whistleblowing, writes to Matt Hancock calling for the Office for the Whistleblower to be created.
Mary Robinson MP
Member of Parliament for Cheadle
Rt. Hon Matt Hancock
Secretary of State for Health and Social Care
Department of Health and Social Care
39 Victoria Street London SW1H 0EU 22nd May 2020
Dear Matt,
I am writing to you in my capacity as Chair of the All Party Parliamentary Group for Whistleblowing.
As you may be aware, the APPG for Whistleblowing has been examining evidence surrounding the issues facing whistle-blowers over the last two years and, more recently, throughout the coronavirus crisis. The APPG concludes that the crisis has exposed some terminal failings within the existing whistleblowing framework.
We have particular concerns regarding transparency and accountability including cases highlighting the avoidance of scrutiny by attempts to silence those raising concerns about Personal Protective Equipment (PPE).
There has been a significant increase in the number of people speaking out from within NHS Trusts and Care Homes. In our survey last year over 50% of the respondents were from Health and Social Care, and since 3rd March over 90% of the enquiries received by WhistleblowersUK, our secretariat, are from this sector with over 80% from within NHS Trusts.
Despite Government messaging, which encourages staff to speak up, the evidence suggests that many Trusts have measures in place which unfortunately undermine these instructions. We have also heard from whistle-blowers who have spoken confidentially to the National Guardian, as well as relevant Trust and Regulator whistle-blower helplines, who report being subsequently targeted by their managers.
Further evidence of targeting whistle-blowers emerged in the form of requests for assistance received by WhistleblowersUK within hours of my interview on the BBCs Newsnight programme last week. These included reports of being reprimanded and/or threatened by managers or board members for raising issues on social media, issues with PPE and reports from Doctors that they are fearful of retaliation should they highlight concerns.
The APPG believes an urgent response is required to protect whistle-blowers, to ensure concerns are properly and independently investigated with the introduction of gold standard legislation, supporting and promoting ethical practices across all sectors.
The Bill for an Office of the Whistle-blower, currently progressing through the House of Lords, offers a solution that will put the Government back on the front foot as we emerge from this crisis.
The UK was the first EU country to introduce legislation to protect whistle-blowers in 1998. The Public Interest Disclosure Act 1998 (PIDA) was a Private Members Bill introduced by Conservative MP Sir Richard Shepherd and addressed the issues which were relevant for that time. However, this legislation no longer enjoys the same public confidence for two key reasons:
1. The legislation does not include any mechanism to address allegations of wrongdoing.
2. Of the small number of cases that progress to an employment tribunal less than 4% bring successful claims for detriment.
We have been convinced by the evidence supplied by whistle-blowers, leading academics and legislation in other nations, that effective legislation cannot be bound by the employment contract between employer and employee as it fails to address the substantive issue.
The Office of the Whistle-blower will get straight to the heart of the matter, exposing clusters and patterns and directing relevant regulators to take action. It will be the most appropriate vehicle to review PIDA and propose 21st Century legislation.
Our proposal seeks to address the Whistleblowing while protecting the Whistleblower. In doing so introducing accountability and transparency into the process from the outset and prioritising public safety and security.
I look forward your response and would like to arrange a meeting in order that we can discuss whistleblowing and the issues I have outlined further.
Yours sincerely,
Mary Robinson MP
Member of Parliament for Cheadle, Chair of the APPG for Whistleblowing
Constituency Office: 8a Station Road, Cheadle Hulme, SK8 5AE
Tel No: 0161 672 6855
Email: mary.robinson@parliament.uk
Website: www.mary-robinson.org.uk