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Whistleblowing laws to be overhauled as new claims emerge over NHS trust Whistleblowing laws to be overhauled as new claims emerge over NHS trust
(7 months later)
Whistleblowing legislation is to be overhauled and a government consultation held to investigate whether the Public Interest Disclosure Act (Pida) 1998 is failing to protect those who speak out from being victimised, harassed and even sacked by their employers.Whistleblowing legislation is to be overhauled and a government consultation held to investigate whether the Public Interest Disclosure Act (Pida) 1998 is failing to protect those who speak out from being victimised, harassed and even sacked by their employers.
In a private letter sent on Wednesday to MPs and peers campaigning for the Act to be changed, employment relations minister Jo Swinson promised a series of amendments to the legislation, followed by "a call for evidence" by the government to examine whether the Act is, as campaigners claim, not "fit for purpose".In a private letter sent on Wednesday to MPs and peers campaigning for the Act to be changed, employment relations minister Jo Swinson promised a series of amendments to the legislation, followed by "a call for evidence" by the government to examine whether the Act is, as campaigners claim, not "fit for purpose".
It comes as a second whistleblower has claimed that the head of the NHS ignored written warnings about failings in a hospital trust which is being investigated for persistently high death rates.It comes as a second whistleblower has claimed that the head of the NHS ignored written warnings about failings in a hospital trust which is being investigated for persistently high death rates.
David Bowles, the former chairman of United Lincolnshire Hospitals Trust (ULHT), said he sent a letter in July 2009 to the chief executive of the NHS, Sir David Nicholson, warning that patients could die there because managers were being forced to meet unrealistic targets. He claimed Nicholson failed to investigate the detailed allegations properly.David Bowles, the former chairman of United Lincolnshire Hospitals Trust (ULHT), said he sent a letter in July 2009 to the chief executive of the NHS, Sir David Nicholson, warning that patients could die there because managers were being forced to meet unrealistic targets. He claimed Nicholson failed to investigate the detailed allegations properly.
This week, Gary Walker, the former chief executive of ULHT, claimed he was gagged, threatened and prevented from raising patient safety concerns.This week, Gary Walker, the former chief executive of ULHT, claimed he was gagged, threatened and prevented from raising patient safety concerns.
Jeremy Hunt, the health secretary, warned senior NHS executives on Friday that there would be consequences if they had wrongly gagged Walker for speaking out about patient safety.Jeremy Hunt, the health secretary, warned senior NHS executives on Friday that there would be consequences if they had wrongly gagged Walker for speaking out about patient safety.
"I don't think this is acceptable, I think it is the wrong thing to do," he said. Hunt told the BBC he had written to the trust to find out the contents of Walker's settlement so he could establish if it was in line with NHS guidelines on whistleblowing. "If it isn't, of course I will insist that they change it," he said."I don't think this is acceptable, I think it is the wrong thing to do," he said. Hunt told the BBC he had written to the trust to find out the contents of Walker's settlement so he could establish if it was in line with NHS guidelines on whistleblowing. "If it isn't, of course I will insist that they change it," he said.
"First of all, we must have a culture where people are not afraid to speak out and secondly I was very concerned that it appeared that someone was being leaned on not to speak out, and most of all I want to get to the bottom of whether there is any truth in what he was saying.""First of all, we must have a culture where people are not afraid to speak out and secondly I was very concerned that it appeared that someone was being leaned on not to speak out, and most of all I want to get to the bottom of whether there is any truth in what he was saying."
But campaigners question whether the government is committed to changing the Act as much as they say is necessary to fulfil its stated role of providing a robust legal safety net for those revealing wrongdoing, crime, risk or malpractice in their workplaces.But campaigners question whether the government is committed to changing the Act as much as they say is necessary to fulfil its stated role of providing a robust legal safety net for those revealing wrongdoing, crime, risk or malpractice in their workplaces.
"In its current form, Pida is dangerous for whistleblowers because people think they have stronger protection under it than they actually do," said Lord Touhig, who was involved in the drafting and consultation stages of the original bill."In its current form, Pida is dangerous for whistleblowers because people think they have stronger protection under it than they actually do," said Lord Touhig, who was involved in the drafting and consultation stages of the original bill.
The legislation, Touhig explained, was drawn up in an era when "scandals like Savile or Mid Staffs were not thought possible. There are parts of the legislation that are simply not appropriate any longer and contain all sorts of problems.The legislation, Touhig explained, was drawn up in an era when "scandals like Savile or Mid Staffs were not thought possible. There are parts of the legislation that are simply not appropriate any longer and contain all sorts of problems.
"It is tired, frayed at the edges and needs to be thoroughly reviewed. But I'm not entirely reassured by this letter that the government genuinely intends to do that," he said."It is tired, frayed at the edges and needs to be thoroughly reviewed. But I'm not entirely reassured by this letter that the government genuinely intends to do that," he said.
Swinson's letter refers to a meeting last week between Lords Younger, Young and Stevenson in which "the possibility of taking a wider look" at Pida was discussed. This, she added, could happen after the enterprise and regulatory reform bill returns to parliament later this month.Swinson's letter refers to a meeting last week between Lords Younger, Young and Stevenson in which "the possibility of taking a wider look" at Pida was discussed. This, she added, could happen after the enterprise and regulatory reform bill returns to parliament later this month.
Swinson writes that "consideration" will then be given to how the Act "might" be extended to some NHS workers not currently covered by Pida.Swinson writes that "consideration" will then be given to how the Act "might" be extended to some NHS workers not currently covered by Pida.
Those discussions will be followed by a consultation on "other issues, such as the need to protect job applicants who have suffered because they were blacklisted for blowing the whistle", writes Swinson, adding in a handwritten postscript: "I do hope you're pleased with this approach."Those discussions will be followed by a consultation on "other issues, such as the need to protect job applicants who have suffered because they were blacklisted for blowing the whistle", writes Swinson, adding in a handwritten postscript: "I do hope you're pleased with this approach."
Cathy James, chief executive of Public Concern at Work, the whistleblowing charity, said: "Jo Swinson's letter is the first indication the government have given that they might look at these issues but there's no indication in the letter of when or how they are going to do this. A robust and powerful Pida is vitally important in terms of protecting society and the government should be proactive in making sure it works."Cathy James, chief executive of Public Concern at Work, the whistleblowing charity, said: "Jo Swinson's letter is the first indication the government have given that they might look at these issues but there's no indication in the letter of when or how they are going to do this. A robust and powerful Pida is vitally important in terms of protecting society and the government should be proactive in making sure it works."
Sir Richard Shepherd, the Conservative MP who introduced Pida as a private member's bill in 1998, said it needed no amendments. He said he was "angered" by the criticisms of what he described as "one of the most progressive Acts in the western world".Sir Richard Shepherd, the Conservative MP who introduced Pida as a private member's bill in 1998, said it needed no amendments. He said he was "angered" by the criticisms of what he described as "one of the most progressive Acts in the western world".
"Pida is blamed for all sorts of things that aren't its fault," he said. Shepherd acknowledges that he receives "numbers" of complaints from those who have been sacked or harrassed on grounds not covered by Pida."Pida is blamed for all sorts of things that aren't its fault," he said. Shepherd acknowledges that he receives "numbers" of complaints from those who have been sacked or harrassed on grounds not covered by Pida.
"It would be very helpful if the government could give us reasons why Pida fails and succeeds. At the moment, there is no information about what happens to those who claim protection under the Act.""It would be very helpful if the government could give us reasons why Pida fails and succeeds. At the moment, there is no information about what happens to those who claim protection under the Act."
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