Public Interest Disclosure (Protection) Bill
Official Summary
A Bill to provide protections for whistleblowers; to create offences relating to the treatment of whistleblowers and the handling of whistleblowing cases; to establish an independent body to protect whistleblowers and whistleblowing, in accordance with the public interest; to make provision for that body 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 repeal the Public Interest Disclosure Act 1998; and for connected purposes.
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Overview
This bill aims to strengthen protections for whistleblowers in the UK by creating a new independent Whistleblowing Commission. The Commission will set standards for handling whistleblowing cases, investigate allegations of wrongdoing, and provide redress for whistleblowers who suffer detriment.
Description
The bill establishes the Whistleblowing Commission, an independent body responsible for protecting whistleblowers and ensuring that their concerns are investigated and acted upon in the public interest. Key aspects include:
- Protected Disclosures: Defines what constitutes a "protected disclosure" – information a person reasonably believes is in the public interest and reveals wrongdoing (e.g., criminal offences, breaches of legal obligations, health and safety risks, mismanagement of public funds).
- Whistleblowers: Broadly defines who qualifies as a whistleblower, including employees, contractors, volunteers, and even bystanders.
- Duties of Relevant Authorities: Places duties on employers and other relevant authorities not to victimize whistleblowers and to cooperate with the Commission.
- Commission's Powers: The Commission will set standards for handling disclosures, monitor compliance, conduct investigations, issue action notices and redress orders, and impose civil penalties (up to £5,000 for individuals and £50,000 for organizations).
- Criminal Offences: Creates criminal offences for subjecting whistleblowers to detriment or inadequately handling protected disclosures (punishable by fines or imprisonment).
- Non-Disclosure Agreements (NDAs): Makes NDAs void if they prevent protected disclosures.
- Repeal of Existing Act: Replaces the Public Interest Disclosure Act 1998.
Government Spending
The bill states that any expenditure incurred by the Secretary of State under the Act, and any increase in sums payable under other Acts attributable to this Act, will be met from money provided by Parliament. No specific figures are provided.
Groups Affected
- Whistleblowers: Will benefit from enhanced protection against retaliation and improved mechanisms for reporting concerns.
- Employers and Relevant Authorities: Will face increased obligations regarding whistleblowing policies and procedures, investigations, and potential fines or legal action for non-compliance.
- The Public: May benefit from greater transparency and accountability as a result of more effective whistleblowing.
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