Overview

This bill aims to strengthen protections for whistleblowers in the UK by establishing an independent Whistleblowing Commission. The Commission will set standards for handling whistleblowing cases, investigate wrongdoing, and provide redress for whistleblowers who suffer detriment. The bill also creates new criminal offences for retaliating against whistleblowers and for inadequately handling disclosures.

Description

The Public Interest Disclosure (Protection) Bill establishes a Whistleblowing Commission with the primary duty of protecting whistleblowers and ensuring that their concerns are investigated and acted upon in the public interest. Key aspects include:

• Protected Disclosures: Defines a "protected disclosure" as information disclosed in the reasonable belief it's in the public interest and reveals criminal offences, breaches of legal obligations, miscarriages of justice, risks to health and safety, environmental damage, financial mismanagement, or abuse of authority.
• Whistleblowers: Broadly defines whistleblowers to include a wide range of individuals, from employees and contractors to volunteers, patients, and even bystanders.
• Relevant Authorities: Includes employers, employer groups, regulators, and public authorities, all with a duty to not retaliate against whistleblowers and cooperate with the Commission.
• The Whistleblowing Commission: This independent body will set standards for handling disclosures, monitor compliance, conduct investigations, and order redress for whistleblowers who face detriment (e.g., dismissal, demotion, harassment).
• Investigatory Powers: The Commission will have powers to request documents, information, and enter premises to investigate potential breaches.
• Redress Orders & Civil Penalties: The Commission can issue redress orders to remedy detriment and impose civil penalties for non-compliance (up to £5,000 for individuals, £50,000 for others).
• Criminal Offences: Creates criminal offences for subjecting whistleblowers to detriment and for failing to adequately handle protected disclosures, with potential prison sentences of up to 18 months.
• Non-Disclosure Agreements (NDAs): Prohibits NDAs that prevent protected disclosures.
• Repeal of the Public Interest Disclosure Act 1998: This older Act will be replaced by this new legislation.

Government Spending

The bill mandates that any expenditure incurred by the Secretary of State under this Act, and any increase in sums payable under other Acts attributable to this Act, will be paid out of money provided by Parliament. Specific figures are not provided in the bill text.

Groups Affected

• Whistleblowers: Will gain significantly enhanced protection against retaliation, with stronger legal recourse and an independent body to support them.
• Employers and Relevant Authorities: Will face new legal obligations to protect whistleblowers, handle disclosures appropriately, and comply with Commission standards, potentially incurring significant costs and liabilities if they fail to do so.
• The Public: Should benefit from greater transparency and accountability within public and private sectors, as wrongdoing is more likely to be exposed and addressed.

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