Public Interest Disclosure Bill

Summary of Responses to the Consultation Paper
issued by Public Concern at Work
on behalf of Mr Richard Shepherd MP

 

Public Concern at Work Suite 306 16 Baldwin's Gardens London   EC1N 7RJ Telephone   0171 404 6609 Fax   0171 404 6576 whistle@pcaw.demon.co.uk

Public Interest Disclosure Bill - Compensation Options Respondents favouring the Shepherd approach Confederation of British Industry Institute of Directors  1 Trades Union Congress Union of Independent Companies Engineering Employers Association - Northern Association Consumers Association Standard Chartered plc Diageo plc GPMU, union NIPSA, union MPSA, union Institute of Chartered Accountants in England & Wales Association of Chartered Certified Accountants British Medical Association Royal College of Midwives English National Board of Nursing, Midwifery & Health Visitors Law Society of Scotland Association of Community Health Councils Employment Law Bar Association ELA Free Representation Unit (+ basic) Freedom to Care Slough Borough Council Liberal Group S. Lakha, Barrister John Bowers, Barrister Alan Merkel, solicitor (+ basic) Lucy Vickers David Lewis R Low E Feldman K Schroder Dr G Burston Dr E Sternberg Lynne Dawson   Respondents favouring the HMG variant : Royal College of Nursing (special & basic & all financial losses) Dr P Tomlin (2 or 3 years salary without cap)   Respondents favouring the HMG approach, as is CoOp Wholesale Society (but raise the max sum for weekly pay) Institute of Personnel Development Legal and General plc Labour Relations Agency (NI) Slough Borough Council Mr David Roberts 1.   If not normal awards, IoD says Shepherd approach as HMG proposal is 'wholly inappropriate'.     Public Interest Disclosure Bill - Comments SCOPE Include the police Association of Chief Police Officers Police Complaints Authority Health & Safety Executive (& Home Office as to h&s issues) Justice Employment Law Bar Association Union of Independent Companies Prof Ian Kennedy Standing Advisory Committee on Human Rights (Northern Ireland) Mr R Low, internal auditor Mr D Roberts Mr D G Birch

Cover other individuals George Staple QC   CF Dehn QC   Mr Birch   Dr Burston make extent through NHS very clear Association of Community Health Councils make extent through NHS very clear Councillor Liz Mammatt councillors and volunteers Institute of Chartered Accountants for England & Wales   CoOp Wholesale Society   Community Service Volunteers volunteers

Extend to workers outside the UK TUC Shabbir Lakha   Extend to victimisation of not getting a job CF Dehn QC Lucy Vickers   Secrecy offences, bring into Bill Prof Ian Kennedy John Guy

Exclude / limit malpractice overseas Standard Chartered CBI NatWest CF Dehn QC restrict to an offence under English law

INFORMATION COVERED All illegality Dr Dieseroth remove 'a person etc' in 43B(1)(b)   Confidentiality, problems BMA (medical matter raise first with doctor) NatWest inward investment risk Employment Lawyers Association trade secrets and public disclosures   Malpractice, definition too narrow Freedom to Care David Davies, Fraud investigator KPMG   Burnley Borough Council add maladministration and breach of Codes Assoc of Community Health Councils dignity and privacy of patients TUC add self reg codes and public welfare / interest David Lewis danger to welfare Lucy Vickers gross mismanagement LIFFE clarify regulatory and self-regulatory breaches   Malpractice, definition too wide / loose BMA Dr E Sternberg qualify by serious Institute of Personnel Development as to environment Employment Lawyers Association likely to cover up; and miscarriage of justice; Legal & General any legal obligation too wide   Inherently dangerous activities, review or delete 43B(3) HSE TUC Dr Dieseroth Linda Dawson Standing Advisory Committee on Human Rights (Northern Ireland) Employment Lawyers Association     LEVEL OF CONCERN Draft level of belief appropriate in each subsequent clause Employment Lawyers Association   Reasonable belief for internal reports, unnecessary Employment Law Bar Association   Reasonable belief test, too weak Association of Chartered Certified Accountants   Time limit for employer to respond, desirable Employment Law Bar Association     MOTIVES Good faith requirement, remove D Lewis Dr E Sternberg Freedom to Care Management & Professional Staff Association TUC L Vickers review combination with reasonableness CF Dehn QC clarify   Personal gain test, remove or narrow Freedom to Care Dr E Sternberg Institute of Chartered Accountants in England & Wales Dr Dieseroth amend to 'only for the purposes of personal gain and has not sold the info' Roberts Croston ditto   Personal gain test, too narrow Employment Lawyers Association Does it catch payments to families?     PARTICULAR PERSONS Union officials and safety reps, equate with lawyers TUC GPMU Standard Chartered plc (strong inference) Dr P Tomlin NB  use obtaining not seeking in line 49 - TUC   Auditors, treat like internal disclosures in a new clause Institute of Chartered Accountants in England & Wales   MPs, protect disclosures to Dr P Tomlin Northern Ireland Public Service Association     PROTECTED DISCLOSURES Clause 43G(2)(a), superfluous Confidential response   Exceptional serious provision, Confidential response go first to regulator Legal & General too uncertain Employment Law Bar Association serious & imminent CBI subject to a reasonableness test   Internal first in all cases, unless very good reason LIFFE     PRESCRIBED PERSONS Include the following Association of Community Health Councils all health regulators FSA FSA FSA SROs pro tem LIFFE SROs pro tem HSE HSE   Add or 'any body reasonably thought to be prescribed' Institute of Chartered Accountants in England & Wales     GAGGING CLAUSES Effect on settlements, unreasonable, needs clarification CBI Employment Lawyers Asssociation unworkable so use precedent of s221(2) TULRA   Extend clause to all individuals, Institute of Chartered Accountants in England & Wales   Extend CF Dehn QC after disclosure 'or attaches conditions / limits thereto going beyond this Act'     REMEDIES Reemployment orders the norm TUC NIPSA (union)     LEGAL ISSUES Burden of proof / Causation, hard to prove Diageo Dr Dieseroth Freedom to Care   Interim relief, 7 day period too short Employment Law Bar Association at least give a discretion Kate Schroder   Protected disclosures should be privileged in libel David Lewis David Davies, Fraud Investigator, KPMG     CRIMINAL SANCTIONS Make victimisation a crime Institute of Chartered Accountants in England & Wales   Require reference to Act in all worker contracts John Guy     POLICY ISSUES Discrimination model preferable Many repondents made this comment or analogy   Insurance, make void Dr Dieseroth   Insurance, make compulsory Association of Chartered Certified Accountants   Statutory Code of Practice needed CWS   Confidential advice service needed CWS ACAS Dr Burston Association of Community Health Councils Management & Professional Staff Association   Repeal ERA sub sales 44(1)(c) and 100(1)(c) HSE   Requirement to publish data on company scheme R Low, internal auditor 3i   Impact on benefit claims, consider Kate Schroder D Birch   Money, please Council on Tribunals ACAS