The Economic Crime and Corporate Transparency Bill brings whistleblowing front and centre
We are delighted to see that whistleblowing was once again at the forefront of parliamentary debate this week with the Third Reading of the Economic Crime and Corporate Transparency Bill. This Bill is a crucial and comprehensive piece of legislation to tackle the increasingly sophisticated and growing issue of UK-based foreign kleptocracy.
Our Westminster Whistleblowing Champion Mary Robinson MP, chair of the APPG for Whistleblowing, tabled amendment 7 to the bill proposing the creation of an Office of the Whistleblower repeating proposals already familiar to the Commons, contained in The Whistleblowing Bill read on 26th April 2022.
Mary carefully set out the purpose of the amendment and how it will transform the way that whistleblowing and whistleblowers are treated and their value to a fair and transparent society.
Mary outlined how the current UK system fails in its objectives. She cited last year's report from the International Bar Association that explained that PIDA meets only five of the recommended twenty best practices. By contrast countries like the US and Australia set a much higher standard leading the global table meeting sixteen of the 20 recommended standards for good governance leaving the UK trailing and our whistleblowers seeking alternative options.
These proposals for the creation of the Office of the Whistleblower would ensure the UK not only meets the higher standards but returns to being a global leader with gold standard whistleblower protection enshrined in law. This will help our law enforcement and put an end to much of the serious organised crime that they currently face.
Replying to the Commons for the Government, Tom Tugendhat MP (Minister for Security) confirmed at the dispatch box,
“She [Mary Robinson MP] is absolutely right: what the country needs is an office for whistleblowers, and what we need to do is ensure that we have the updates to the legislation that she so correctly highlighted.”
This statement signals a shift from the Government position on whistleblowing legislation and is not only reassuring but confirms previous assurances that the Government is now taking the proposals that have been drafted by WhistleblowersUK seriously.
Mary Robinson responded saying,
“We are pleased to see the Government is coming on board with our opportune, cross-party proposal for the Office of the Whistleblower. It is clear to the Government that we value whistleblowers and work harder to protect them under law and utilise the information they provide.”
Georgina Halford-Hall CEO WhistleblowersUK. This debate is a turning point for whistleblowers. I am encouraged by such a positive statement from the minister and applaud his determined and committed stance and support for Mary Robinson and the APPG. I also thank him on behalf of everyone at WhistleblowersUK. I thank him for his support of whistleblowers and look forward to hearing more from him on the progress of plans to introduce the Office of the Whistleblower during Whistleblowing Awareness Week.
WhistleblowersUK will continue to press forward the merits of these proposals because reform is urgently overdue and whistleblowers need to know that doing the right thing has consequences for those who do the wrong thing and that actions will be taken to protect the public and those who speak up. We need your help, please donate to help us keep up the campaign and also to help us to continue to support whistleblowers.
What the proposals actually say: Whistleblowing: economic crime
(1) Whistleblowing is defined for the purposes of this section as any disclosure of information suggesting that, in the reasonable opinion of the whistleblower, an economic crime—
(a) has occurred,
(b) is occurring, or
(c) is likely to occur.
(2) The Secretary of State must, within twelve months of the date of Royal Assent to this Act, set up an office to receive reports of whistleblowing as defined in subsection (1) to be known as the Office for Whistleblowers.
(3) The Office for Whistleblowers must—
(a) protect whistleblowers from detriment resulting from their whistleblowing,
(b) ensure that disclosures by whistleblowers are investigated, and
(c) escalate information and evidence of wrongdoing outside of its remit to another appropriate authority.
(4) The objectives of the Office for Whistleblowers are—
(a) to encourage and support whistleblowers to make whistleblowing reports,
(b) to provide an independent, confidential and safe environment for making and receiving whistleblowing information,
(c) to provide information and advice on whistleblowing, and
(d) to act on evidence of detriment to the whistleblower in line with guidance set out by the Secretary of State in regulations.
(5) The Office for Whistleblowers must report annually to Parliament on the exercise of its duties, objectives and functions.”
You can find Mary Robinson’s Speech, Tom Tugenhadt’s Response, and a copy of the bill here.
For press enquiries; please contact secretary@wbuk.org or
Georgina Halford-Hall, ceo@wbuk.org
tel: 07860963947.
