I beg to move,
That leave be given to bring in a Bill to establish an independent Office of the Whistleblower to protect whistleblowers and whistleblowing in accordance with the public interest; to make provision for the Office of the Whistleblower to set, monitor and enforce standards for the management of whistleblowing cases, to provide disclosure and advice services, to direct whistleblowing investigations and to order redress of detriment suffered by whistleblowers; to create offences relating to the treatment of whistleblowers and the handling of whistleblowing cases; to repeal the Public Interest Disclosure Act 1998; and for connected purposes.
Mr Speaker, if you name an industry, I can name you a scandal brought to light by whistleblowers—whistleblowers who were stifled, ignored or gaslit before they were listened to. For every one listened to, there are more would-be whistleblowers who remain silent or who were silenced.
As the chair of the all-party parliamentary group for whistleblowing, I have met countless brave individuals who have dared to speak out. Many have suffered emotional damage from the treatment they have experienced. Many have faced threats to their livelihoods and suffered consequences at work—retaliation, harassment, unfair dismissal and blacklisting. Many are forced to drop their claims due to the cost of litigation, the inequality of arms and the toll taken on their families and mental health. Meanwhile, the wrongdoing they highlighted is swept under the carpet, and they become the victim.
Through whistleblowers’ bravery and willingness to speak out, we have been made aware of countless scandals of corruption, negligence and mismanagement that have cost the Government or businesses billions of pounds, and that, tragically, have often directly or indirectly cost lives. Whistleblowers are universally acknowledged as the cornerstone of fair and transparent societies; the purpose of any whistleblowing law should be to protect the whistleblower and the public interest by ensuring freedom from retaliation, and ensuring that allegations are properly addressed and fully acted on. That is what the public and those who speak up expect, but it is not the reality.
Surprisingly, whistleblowing does not have a formal legal definition in the UK, although it is generally understood to be the exposure of criminal or ethical wrongdoing. However, it is universally recognised as the single most cost-efficient and effective means of intercepting crimes and exposing cover-ups.
Why are we arguing for change? By way of background, the UK became the first EU country to introduce whistleblowing legislation with the Public Interest Disclosure Act 1998. The law was heralded as a watershed moment and expectations were high. Whistleblowing was now legitimate; there were protections for workers in employment tribunals and an expectation that wrongdoing would be addressed. However, according to the whistleblowing charity Protect, just 4% of employment cases are successful, and PIDA, our world-leading legislation, is now seen as a discredited and distrusted law that has failed to protect whistleblowers or the public against wrongdoing and harm. Where we once led the way, we now lag behind.