Whistleblowing bill doesn't go far enough

Times

3 days ago

The Office of the Whistleblower Bill is set to get its long-awaited second reading tomorrow, seven years after an all-party parliamentary group on the subject launched with the aim of providing stronger protections.
That work led to the bill and its aims include the establishment of an independent office that will set, monitor and enforce standards for the management of whistleblowing cases. It will also provide disclosure and advice services and direct investigations, as well as ordering redress of detriment suffered by whistleblowers.
The need for reform has been obvious for years as whistleblowers frequently expose scandals. But for those who dare to blow the whistle there can follow a loss of livelihood, reputational damage, poor mental health, and targeted attacks. Research by the all-party group showed that 78 per cent of respondents to its survey declared that organisations retaliated against them for blowing the whistle.
Yet law enforcement continues to rely on whistleblowers to do the right thing and bring serious criminality to light. Nick Ephgrave, the director of the Serious Fraud Office, is vocal about the need to pay whistleblowers and cites the US as an example of where monetary rewards for those who speak out are working in the fight against economic crime.
But while the bill is welcomed, it does not go far enough or fast enough and will not remedy the numerous life-changing outcomes that all too often flow from making a protected disclosure. The bill is only on its second reading, so it may be many months before it becomes law. It will then take time to set up and staff an office.
The obvious missing element from the bill is a financial incentive scheme, which evidence from other jurisdictions shows increases the effectiveness of economic crime investigations and is being called for by law enforcement.
The bill widens the number of entities that can receive a whistleblowing report, but it does not offer guidance on which is the best route for a whistleblower to follow. It is not clear how the office will select cases to take on and those it will pass to under-resourced police or over-worked regulatory bodies.
The bill introduces a criminal offence for those causing detriment to whistleblowers with a proposed maximum sentence of a fine or 18 months' imprisonment. For whistleblowers who have lost everything, the punishment is insufficient.
The bill is a step in the right direction but will be little comfort to those who risk everything to do the right thing.Francesca Titus is a barrister at the London office of US law firm, McGuireWoods