← LEADERSHIP TERMINAL

UK PARLIAMENT · SITTING

Kevin Hollinrake

MP for Thirsk and Malton · Conservative · United Kingdom

IN THEIR OWN WORDS

That issue is one of the many things that the people who signed the petition are concerned about, Dr Huq. One of the big things that the Government promised, which I agree with them about, is the need to encourage faster growth in our economy. Of course that is right, but look at where that growth is.

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The UK economy went through many challenges, of course, some of them caused by Brexit; the reality is that a change like that was bound to have a short-term effect—but only a short-term effect. The country grew faster than Germany and France during that period of time.

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As I said before, governing is not easy; we had many challenges ourselves, and we did not get everything right, but what we did during that difficult period of time—those 14 years—was get 1.2 million more people employed in our economy. Unemployment was halved during our time in office.

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Of course, many Government Members supported his leadership challenge. We are here now, looking forward to a general election coming down the track. We are ready for a general election when the Government are, because, unlike them, we have a strong leader—against their weak leader.

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I was, absolutely. I thank my hon. Friend the Member for Berwickshire, Roxburgh and Selkirk (John Lamont) for his excellent opening speech. He made so many good points, not least about the level of support for this petition.

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Members on the Government side of the House also feel betrayed and angry with their own leadership, for marching them up to the top of the hill and marching them back down again on many of these issues, but they do not feel as betrayed as the businesspeople in this country in particular.

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The complete record

Every one of 3,516 lines we hold for Kevin Hollinrake, in date order, each linked to its source. Free to read, in full, without an account. Page 48 of 71.

  1. I thank the hon. Gentleman for all the good work he does in this House. In all the debates he speaks in, he is a champion for doing the right thing. As he said, we have been on the same side of the fence in debates on many occasions, and I am sure that will continue despite my ministerial position. I will come back to both of those points shortly. Six different criteria apply in deciding whether an unpaid work trial is appropriate. The first is the length of time. The trial should be no longer than a day. Observation is another: is the employer observing, or is somebody just working unobserved? Other criteria relate to the nature of the work, and the value to the employer—is there a value to that work? That would be inappropriate.

    UNPAID WORK TRIALS · 2023-03-29 · READ IN HANSARD

  2. It can be appropriate for an employer to say that there is a uniform that an employee must wear, at the employee’s cost, but that must not take that employee below the minimum wage.

    UNPAID WORK TRIALS · 2023-03-29 · READ IN HANSARD

  3. Of course, we will always look at information and evidence. As parliamentarians, we get information and evidence from lots of different sources, but we tend to work by seeing where there is obvious detriment and therefore loopholes that we need to close. I do not think it is practical for the Government to look at every single problem and then decide where to legislate; it is usually the other way round. I think we disagree on that, but we will always look at information. If the survey was updated and specified unpaid work trials as an issue, the hon. Gentleman would have a more compelling case. On uniforms required for a place of work, deduction of the cost of the uniform should not take a person’s earnings below minimum wage. If it did, the employer would be guilty of an offence under the National Minimum Wage Act 1998.

    UNPAID WORK TRIALS · 2023-03-29 · READ IN HANSARD

  4. We absolutely agree that it is vital that the right of workers to be paid the minimum wage continues to be upheld. That is why the Government listened to concerns relating to work trials, and issued new guidance in 2018—prompted by his work, I would say, though I was not in this role at the time. That revised guidance, combined with strong enforcement of existing legislation, will continue to ensure that workers are not exploited through unpaid work trials.

    UNPAID WORK TRIALS · 2023-03-29 · READ IN HANSARD

  5. In 2021, HMRC returned more than £6.7 million in arrears to over 155,000 workers, and issued fines totalling more than £14 million to businesses that had failed to pay the minimum wage. [Official Report, 17 April 2023, Vol. 731, c. 1MC.] Since 2015, the Government have ordered employers to repay over £100 million to more than 1 million workers, which demonstrates that it is never acceptable to short-change hard-working employees. The shadow Minister rightly asked when we will do the next naming and shaming. It has been too long. The last one was in December 2021. I have absolutely met my officials and said, “We need that list out very shortly.” It will happen very shortly. I conclude by again thanking the hon. Member for Glasgow South.

    UNPAID WORK TRIALS · 2023-03-29 · READ IN HANSARD

  6. I quite understand that employment tribunals can be expensive and time-consuming. There are other processes; if people feel that they have been wrongly and inappropriately asked to do an unpaid work trial, they can report that to ACAS or His Majesty’s Revenue and Customs, through its online form. All reports are investigated. We are keen to expand the reach of HMRC’s enforcement capability. We have doubled our investment in national minimum wage enforcement since 2015-16. We spend nearly £28 million every year on ensuring that employers meet their legal responsibilities. Employers who are found to underpay their staff must repay all arrears that they owe to their staff and a penalty of up to 200% of the underpayment, and may be eligible to be publicly named by the Department for Business and Trade.

    UNPAID WORK TRIALS · 2023-03-29 · READ IN HANSARD

  7. I agree with the hon. Member, but that is a different point; I am speaking more to uniforms and how they relate to the minimum wage. It would be entirely inappropriate for an employer to say, “I want you to come on an unpaid work trial, and I want you to buy a new shirt and a new pair of trousers to do that.” I would define them as a rogue employer for taking that approach. As I have said, I was an employer for 30 years, and we would never have even considered that kind of behaviour. The hon. Member for Strangford talked about awareness. His Majesty’s Revenue and Customs undertakes a programme on best practice for employers. It is an enforcement body, as well as one that tries to help employers meet the relevant employment conditions. A number of contributors said that an employment tribunal is the only way to deal with the issue.

    UNPAID WORK TRIALS · 2023-03-29 · READ IN HANSARD

  8. Like others, I urge the service to do that work as quickly as possible so that it can come to a resolution and more lessons will hopefully be learned. Indeed, if lessons are learned, I am keen to take further action where necessary to clamp down on such behaviour.

    P&O FERRIES REDUNDANCIES · 2023-03-28 · READ IN HANSARD

  9. The Secretary of State wrote to P&O to ask it to reverse its decision and asked the Insolvency Service to investigate whether the law was complied with. That investigation has not yet concluded. The criminal side of the investigation has reported back. A senior prosecution barrister looked at the matter and decided there were not sufficient grounds to take forward a criminal prosecution. The civil investigation is still live, and it is important we give it the opportunity to run its course. We all believe in the principle of due process in these cases. Certainly, there is still a chance, as the hon. Member for Middlesbrough noted, of an up to 15-year ban of a director if there are sufficient grounds, so we should let the Insolvency Service conduct its work.

    P&O FERRIES REDUNDANCIES · 2023-03-28 · READ IN HANSARD

  10. Member for Wansbeck knows that we have taken some action already, but I fully understand that he might want us to go further. So much attention has been drawn to this appalling behaviour because it is very unusual. I was an employer for 30 years, and most employers would never have considered not carrying out the requirements around consulting the workforce. That is because it was the right thing to do and because we wanted to have a good reputation as an employer with our existing staff and any staff who would join us in future. There is something fundamentally wrong when an employer can set aside the clear requirements to consult the workforce in these instances. It is fair to say that the Government were very clear in their condemnation early on.

    P&O FERRIES REDUNDANCIES · 2023-03-28 · READ IN HANSARD

  11. He said to me before that he did not expect me to respond to them all today, and I probably cannot, but I will write to him about the ones I do not pick up on. Some are dealt with by other Departments such as DFT, but I am keen to facilitate responses on all his points where I can. We are in total agreement here: the behaviour of P&O and its chief executive was disgraceful and gratuitous, running roughshod over UK legislation, as I saw in the testimony referred to by the hon. Member for Middlesbrough (Andy McDonald). That is absolutely appalling, and we must deal with it. Yes, we need to learn the lessons, and we have learned some already. We are determined to look at this issue carefully and to go further where we need to. I think the hon.

    P&O FERRIES REDUNDANCIES · 2023-03-28 · READ IN HANSARD

  12. It is a pleasure to speak with you in the Chair, Sir Gary. I thank the hon. Member for Wansbeck (Ian Lavery) for bringing forward this important debate. G. K. Chesterton said: “Too much capitalism does not mean too many capitalists but too few capitalists”. I absolutely agree with that. I think there is agreement across the House that the vast majority of employers are decent people who treat their employees properly. However, some of the egregious behaviour we have seen in this case, and in others as well, happens when there is too much power in the hands of a few very large operators that dominate certain sectors. The title of this debate is absolutely right, in that there are lessons we can learn from the case of P&O. The hon. Member for Wansbeck made lots of points.

    P&O FERRIES REDUNDANCIES · 2023-03-28 · READ IN HANSARD

  13. Member for Wansbeck is right that some secondary legislation is required for it to be fully and effectively implemented. On the Thames freeport, let me clear: we have not given any money to DP World, but we have given money to Thurrock Council. However, some of the land needed to operate a Thames freeport includes land owned by DP World. It would be cutting off noses to spite faces if we said, “You can’t use that land, because of its ownership,” and we do not believe in compulsory purchase, except in certain circumstances. I think that would be the wrong—

    P&O FERRIES REDUNDANCIES · 2023-03-28 · READ IN HANSARD

  14. The hon. Gentleman raises an important point. I do not accept that no action has been taken, and we are consulting on some things now to try and beef up the requirements in terms of consultation. We have already done some things. The hon. Member for Wansbeck referred to the Seafarers’ Wages Act and the requirement to pay a minimum wage in UK waters. He is right to say that the seafarers’ charter is a voluntary code for now, and we want to see how that operates. I fully respect his perspective that this should be mandatory across the piece, but when there is a proportionate approach—we do not feel at this point that it is. Nevertheless, we have legislated in that area. That legislation has received Royal Assent and is now law, but the hon.

    P&O FERRIES REDUNDANCIES · 2023-03-28 · READ IN HANSARD

  15. The principle behind that is that there is a 25% compensation uplift in employment tribunals if consultation requirements are not adhered to. We think that sets a sensible balance between the two. Having said that, I am keen to go further, where we can, and to look at the different provisions we can put in place to make sure that the requirements on employers work in practice. It is clear that has not been the case in this case, which is why we have gone further. To conclude, I thank the hon. Member for Wansbeck again. He knows I am as incensed as he is by the actions of this employer because they bring into disrepute the good name of many other employers, which cannot be right.

    P&O FERRIES REDUNDANCIES · 2023-03-28 · READ IN HANSARD

  16. Well, that is a slightly different case. It was interesting that none of the contributions suggested that we would ban fire and refire. Interestingly, the deputy leader of the Labour party, the right hon. Member for Ashton-under-Lyne (Angela Rayner), said Ministers would not ban the behaviour, judging that it is “acceptable in some circumstances”. So I think we are probably all on the same page in terms of making sure the bar is high on the requirements for anybody using these kinds of tactics and making sure that people cannot just run roughshod over them. New guidelines from ACAS in 2021 were clear that this kind of action should be taken only as a last resort. In terms of a statutory code of practice, there is a 12-week consultation from January 2023.

    P&O FERRIES REDUNDANCIES · 2023-03-28 · READ IN HANSARD

  17. Most employers do adhere to consultation requirements. We should celebrate the good employers we have in this country, as well as clamping down on the bad ones, and I am determined that we do so. Question put and agreed to.

    P&O FERRIES REDUNDANCIES · 2023-03-28 · READ IN HANSARD

  18. We are totally on the same page. The fire element is the worry here. Setting aside the consultation requirements, hon. Members will remember the case of British Airways, which threatened fire and rehire during the pandemic. It did not go ahead with that tactic, as P&O did, but consulted the workforce and found a way through. That shows why the consultation period is so important. Making sure that the provisions we have work in practice is key. As I say, we already have the Seafarers’ Wages Act. We will keep the issue under review. We are keen to see the outcome of the Insolvency Service investigation and, as far as I am concerned, where action can be taken, it will be taken. We should bear it in mind that we want to act in a proportionate way. Most employers do the right thing. I have never heard of a case like this one before.

    P&O FERRIES REDUNDANCIES · 2023-03-28 · READ IN HANSARD

  19. The hon. Gentleman suggests that it is not true that a majority of people like that relationship, but surveys show that some 64% of people do not want more hours. He would ban zero-hours contracts, even though 64% of people want them. Where is the sense in that?

    WORKERS (PREDICTABLE TERMS AND CONDITIONS) BILL · 2023-03-24 · READ IN HANSARD

  20. Friend the Member for Newbury (Laura Farris), who speaks in this House with such authority on employment matters, given her background. Many of those employers take advantage of what she describes, quite rightly, as “a grey zone”. Workers may be left waiting on standby for work that never materialises, unsure whether they will receive the hours they need to pay their bills. We have already made significant progress in bringing forward measures that support individuals on zero-hours contracts and in low-paid work. In 2015, we banned exclusivity clauses in zero-hours contracts; in December 2022, we extended the ban to workers who have a guaranteed weekly income equivalent to or below the lower earnings limit of £123 per week; and on 1 April, we will increase the national living wage by 9.7%, to £10.42 per hour.

    WORKERS (PREDICTABLE TERMS AND CONDITIONS) BILL · 2023-03-24 · READ IN HANSARD

  21. We believe they play an important role, and 64% of people surveyed said they do not want more hours and that they are happy with the basis of their current contracts. As my hon. Friend the Member for Crewe and Nantwich (Dr Mullan) pointed out, Labour is determined to take that option away from people, which once again illustrates that the Government believe in freedom of choice while the Opposition believe in state diktat. Around 3% of workers in the UK workforce are on zero-hours contracts and such contracts may offer many of those individuals the kind of flexibility they want, but, of course, we are determined to tackle unfair working practices used by a small minority of employers. I endorse the comments made by my hon.

    WORKERS (PREDICTABLE TERMS AND CONDITIONS) BILL · 2023-03-24 · READ IN HANSARD

  22. I start by thanking my hon. Friend the Member for Blackpool South (Scott Benton) for all his work. He has been a delight to work with all the way through and I have been delighted to support his Bill through its various stages. I reiterate the Government’s support for the Bill. It has been encouraging to observe the support for the Bill from across the House. I was pleased to hear that reflected once again in this debate, including by the shadow Minister, the hon. Member for Bradford East (Imran Hussain), who represents part of the fine city of Bradford, in my county of Yorkshire. As my hon. Friend the Member for Blackpool South pointed out, zero-hours contracts are an important part of the UK’s flexible labour market, for both employers and individuals who may need to balance work around other commitments.

    WORKERS (PREDICTABLE TERMS AND CONDITIONS) BILL · 2023-03-24 · READ IN HANSARD

  23. Before I close, I want to thank the officials who have worked on this Bill: Sasha Ward, Bex Lowe, Lizzy Blakeman, Mel Thomas, Sarah Boulton-Jones, Louis Ariss, Laura Robinson, Richard Kelly, Adrienn SzNagy, Rose Jefferies and Dan Spillman and, from my private office, Cora Sweet. I commend the Bill to the House.

    WORKERS (PREDICTABLE TERMS AND CONDITIONS) BILL · 2023-03-24 · READ IN HANSARD

  24. Members have read the impact assessment, they will know the additional impact on business is £16.9 million, at a difficult time for them, so we should pay tribute to businesses that are willing to take on these extra duties. The hon. Member for Bradford East talked about a ban on zero-hours contracts. I gently ask whether he is doing that in the full and certain knowledge of the costs on business, because I have not seen a figure from Labour to say what would be the cost to business of doing that. That is a reasonable concern that businesses may have about the extra costs of doing business under a potential Labour Government. Taken as a package, these Bills will deliver on our 2019 manifesto commitments to enhance workers’ rights and support people to stay in work. They will help new parents, unpaid carers and hospitality workers.

    WORKERS (PREDICTABLE TERMS AND CONDITIONS) BILL · 2023-03-24 · READ IN HANSARD

  25. Friend’s Bill includes a list of eight specific grounds on which any employer may decline a request, similar to those established for the existing right to request flexible working—for example, if the costs of providing a worker with a more predictable pattern would be too burdensome, or if accepting a request would have a detrimental impact on the ability to meet customer demand. The Bill forms part of a wider package of six private Member’s Bills on employment rights that the Government are supporting. I pay tribute to the businesses and business representative groups that have supported them, despite the obvious impact on businesses—if hon.

    WORKERS (PREDICTABLE TERMS AND CONDITIONS) BILL · 2023-03-24 · READ IN HANSARD

  26. The new right to request a more predictable working pattern will apply to all eligible workers, not only those on zero-hours contracts, meaning that a wide range of workers who have unpredictable working conditions will benefit, including temporary workers, agency workers and workers with non-guaranteed hours. Crucially, that is a right to request more predictable hours, not a right to insist on them, because we also need to look after the interests of businesses in this conversation. My hon.

    WORKERS (PREDICTABLE TERMS AND CONDITIONS) BILL · 2023-03-24 · READ IN HANSARD

  27. My hon. Friend is a fine champion on that issue; I would describe the measure as anti-worker and also anti-business, particularly at a time when we are all seeing cost of living challenges. It is simply the wrong measure to take and I applaud him for his constant campaigning on it. The Bill in the name of my hon. Friend the Member for Blackpool South represents a further step towards addressing one-sided flexibility, as he says. In 2018, the Government consulted on the right to request predictable working and in 2019 we committed to introducing a right to request a more predictable contract in our manifesto. That militates against the hon. Member for Bradford East’s argument that we have suddenly discovered this concern. We have always committed ourselves to legislating in this area.

    WORKERS (PREDICTABLE TERMS AND CONDITIONS) BILL · 2023-03-24 · READ IN HANSARD

  28. In relation to whistleblowing protections, the standard employment law definition of a worker has been extended, and includes a wide range of employment relationships, such as agency workers; individuals under -taking work experience; self-employed doctors, dentists and pharmacists in the NHS; job applicants in the health sector; police officers; and student nurses and student midwives. I fully understand that there are people who are not protected by the current legislation. Indeed, Ian Foxley was not covered by the legislation, and suffered hundreds of thousands of pounds of detriment for blowing the whistle. He spent 11 years without any employment, and he was a well-paid contractor prior to that time.

    WHISTLEBLOWING AWARENESS WEEK · 2023-03-23 · READ IN HANSARD

  29. It provides a route for workers to make disclosures of wrongdoing, including criminal offences, the endangerment of health and safety, causing damage to the environment, a miscarriage of justice, or a breach of any legal obligation. Disclosures usually need to be made to the employer, a lawyer or a prescribed person. Workers who believe they have been dismissed or otherwise detrimentally treated for making a protected disclosure can make a claim to an employment tribunal, which can award unlimited compensation. Workers are often the first people to witness any type of wrongdoing within an organisation. Information that workers may uncover could prevent wrongdoing that may damage an organisation’s reputation or performance, and, in extreme circumstances, even save people from harm or death.

    WHISTLEBLOWING AWARENESS WEEK · 2023-03-23 · READ IN HANSARD

  30. Friend the Member for Erewash (Maggie Throup) talked about Winterbourne View; that also might have come to light much sooner, with people being brought to justice much sooner, if people had more confidence. It is right that we seek to more effectively protect and compensate whistleblowers for doing the right thing. It is excellent that we have so many top-quality parliamentarians in this debate who will throw their weight behind the campaign for change. I am keen to do so too. Our whistleblowing framework was introduced through the Public Interest Disclosure Act 1998. It was intended to build openness and trust in workplaces by ensuring that workers can hold their employers to account, and are then treated fairly.

    WHISTLEBLOWING AWARENESS WEEK · 2023-03-23 · READ IN HANSARD

  31. One of the biggest scandals in that case was Danske Bank allowing that to happen on its watch. Howard Wilkinson was the whistleblower; the £234 billion of Russian money washing through Danske Bank in Estonia resulted in a $2 billion fine from the US authorities. According to the statistics, 43% of economic crimes are highlighted by whistleblowers, but in my experience, and as my hon. Friend the Member for Cheadle stated, it is much higher than that. Every case of economic crime I have dealt with has come from a whistleblower, and I pay tribute to them. It is not just financial crime; my hon. Friend the Member for Bury North (James Daly) highlighted issues with the Met police, which might have been brought to light much sooner if people had felt more confident about the whistleblowing framework. My hon.

    WHISTLEBLOWING AWARENESS WEEK · 2023-03-23 · READ IN HANSARD

  32. Whistleblowers are clearly the eyes and ears of our organisations, in terms of potential wrongdoing. As my hon. Friend knows, I have had a number of experiences with constituents. Ian Foxley blew the whistle on GPT Special Project Management, and did an incredible job. Paul Moore blew the whistle at HBOS prior to its financial distress and collapse. Sally Masterton was the whistleblower of the HBOS Reading scandal, which took five years to reach court, where she was vindicated for her statements. The hon. Member for Feltham and Heston (Seema Malhotra) referenced Danske Bank, and the £234 billion of money laundering. She is right to talk about some of the UK corporate vehicles used for that. We are working together on the Economic Crime and Corporate Transparency Bill to tighten up the opportunities people have to use those vehicles.

    WHISTLEBLOWING AWARENESS WEEK · 2023-03-23 · READ IN HANSARD

  33. It is a pleasure to serve with you in the Chair, Ms McDonagh. I thank my hon. Friend the Member for Cheadle (Mary Robinson) for all the work that she does on the all-party group. As she rightly points out, I was formerly the co-chair with her on that group. We can sometimes move from a Back-Bench position where we speak about an issue that we feel strongly about, and then we can be put in a ministerial position that covers that brief, but I can reassure Members that I am as ambitious as ever to make sure we get the right reforms for whistleblowing. My hon. Friend had a reception, which I was pleased to attend. She has had a number of events this week, and I pay tribute to her for her work in drawing attention to the importance of whistleblowers for our society.

    WHISTLEBLOWING AWARENESS WEEK · 2023-03-23 · READ IN HANSARD

  34. Protected from detriment. In Ian Foxley’s case, he feared for his life. It could be detriment in terms of loss of employment. There are a number of different detriments. Both protection and compensation should be fairly made.

    WHISTLEBLOWING AWARENESS WEEK · 2023-03-23 · READ IN HANSARD

  35. Most prescribed persons are now required to report on the number of disclosures, state whether they decided to take further action and give a summary of any action taken. We have also expanded the list of prescribed persons—the individuals and bodies to whom a worker can blow the whistle. In December 2022, I took forward some legislation to add six new bodies and all Members of the Scottish Parliament to the prescribed persons order. We continue to welcome proposals for appropriate additions to that order.

    WHISTLEBLOWING AWARENESS WEEK · 2023-03-23 · READ IN HANSARD

  36. Friend the Member for Aldridge-Brownhills (Wendy Morton) pointed to the fact that the legislation was implemented 25 years ago by one of her predecessors. To give some reassurance, since the introduction of that legislation, the Government have continued to strengthen some of its provisions using non-legislative and legislative measures. We have produced guidance for whistleblowers and prescribed persons, as well as guidance and a code of practice for employers. We have produced guidance on how whistleblowers can make disclosures. In 2017, we introduced a new requirement for most prescribed persons to produce an annual report on whistleblowing disclosures made to them. That duty is a direct response to concerns about the lack of transparency surrounding how disclosures were being handled.

    WHISTLEBLOWING AWARENESS WEEK · 2023-03-23 · READ IN HANSARD

  37. I will come on to what we are trying to do to make the legislation more effective. Do I think the legislation is where it needs to be today? No, I do not. That is the case for the changes we need to make. We need to look at all the different evidential points to ensure we move to the right place. Ian Foxley was a contractor, which is why he did not have the opportunity to get compensation in his case. The SNP spokesman, the hon. Member for West Dunbartonshire (Martin Docherty-Hughes) made a good point about volunteers. They may also be the eyes and ears we need. He made the alarming point that people who blow the whistle could lose everything, which all of us should take into account. People who clearly do not feel they will be properly protected or properly compensated should feel more assured that they will. My right hon.

    WHISTLEBLOWING AWARENESS WEEK · 2023-03-23 · READ IN HANSARD

  38. I am very keen to keep it under my auspices, because, as Members have said in the debate today, I have a long-standing interest in this particular area. I am very keen and ambitious for it, so I am keen to keep hold of it. However, it is right to point out that it is the legislation around whistleblowing and employment that is held with me. Of course, the particular issues around Departments—the whistleblowing requirements—are held by each individual Department. For example, as my hon. Friend the Member for Erewash will confirm, whistleblowing in the NHS is very much a matter for the Department for Health and Social Care. That is the right situation regarding this particular policy.

    WHISTLEBLOWING AWARENESS WEEK · 2023-03-23 · READ IN HANSARD

  39. That was disgraceful treatment. As I said, making progress on the review has been a priority of mine from day one. There will be an announcement on that very, very soon. That is what we are expecting. We are keen to engage with parliamentarians from across the House, both here and in the other place. Once that review is announced, I am keen to engage particularly with my hon. Friend the Member for Cheadle so she can make her points about the right way forward in terms of the provisions we need to make and future changes to legislation. My hon. Friend talked about the policyholder for this particular brief and whether it should be the Department for Business and Trade or the Cabinet Office, as my right hon. Friend the Member for Aldridge-Brownhills suggested.

    WHISTLEBLOWING AWARENESS WEEK · 2023-03-23 · READ IN HANSARD

  40. Friend the Member for Aldridge-Brownhills made the important point that while we must ensure we protect the right people, we do not want to allow for vexatious whistleblowers because that could have a detrimental impact on businesses and other organisations. It is important that we protect those who should be protected. Indeed, as my hon. Friend the Member for Bury North said, we must protect the people who would have blown the whistle had they had confidence in the framework. That is one of the big problems here. People are not coming forward because of their concerns and because of what has happened to other whistleblowers. That includes, as my hon. Friend the Member for Cheadle mentioned, Jonathan Taylor, who blew the whistle in the oil scandal and was pretty much under house arrest for a year in Croatia.

    WHISTLEBLOWING AWARENESS WEEK · 2023-03-23 · READ IN HANSARD

  41. I was just coming on to that. As a former Chief Whip, my right hon. Friend will be familiar with a word we often hear in this place: soon. I will say very, very soon. It is fair to say that we talking about days, not months. We are closer to days than months; that is where I would say we are. Many have spoken passionately today, and on previous occasions, about the experiences of whistleblowers, and raised concerns about the whistleblowing framework. As I said, the Government have committed to reviewing the framework. It is clearly a major priority of mine, and it has been since I joined the Department. My right hon.

    WHISTLEBLOWING AWARENESS WEEK · 2023-03-23 · READ IN HANSARD

  42. I quite understand my right hon. Friend’s point and why she made it. My view, both as a Back Bencher and as a Minister, is that we need to work more on a cross-Government basis than perhaps we do now to make sure that these kinds of measure are properly implemented across Government. A number of Members, including the spokesman for the Scottish National party, the hon. Member for West Dunbartonshire, talked about NDAs. As he will know, being a member of the legal fraternity—

    WHISTLEBLOWING AWARENESS WEEK · 2023-03-23 · READ IN HANSARD

  43. No? I thought the hon. Gentleman was. In law, NDAs cannot be used to prevent a worker from blowing the whistle, so there are some protections in law in that respect. I believe the shadow Minister, the hon. Member for Feltham and Heston, also brought out that point.

    WHISTLEBLOWING AWARENESS WEEK · 2023-03-23 · READ IN HANSARD

  44. All these matters need to be taken into account in deciding how to proceed. The review, as I have said, is something that we want to bring forward very quickly, and we want hon. Members on both sides of the House to be able to input into it.

    WHISTLEBLOWING AWARENESS WEEK · 2023-03-23 · READ IN HANSARD

  45. One point to make is that a UK office of the whistleblower would of course need extensive resources to be able to handle or to oversee 50,000 protected disclosures, and significant expertise to ensure that it fully understood the nature of the problem and was able to work alongside the regulators, which I think is what my hon. Friend envisages, rather than replace the regulators in terms of their functions. Clearly, regulators themselves, be it the FCA or the regulators in the NHS, would have a responsibility to ensure that the issues were addressed properly and whistleblowing guidelines and processes were followed. It is a question of understanding the interaction between the two and what resources would be needed to fully and properly fund an office of the whistleblower.

    WHISTLEBLOWING AWARENESS WEEK · 2023-03-23 · READ IN HANSARD

  46. I am also interested in the issues that dealing with whistleblowing disclosures might raise for the prescribed persons, and vice versa. I know there are concerns, not just in Government but in wider circles, about how such an office would interact with the role of regulators, who are experts, of course. It is important that we look at the arguments for and against the proposed office, and I am keen to look at international examples. My hon. Friend referred to the USA. The numbers of disclosures there are interesting. According to my figures, there were 50,000 protected disclosures in the UK in 2020-21. I think my hon. Friend said that 20,000 were dealt with by the Office of the Whistleblower in the US, which is obviously a much bigger country in terms of population and potential whistleblowing. I am interested in the gap.

    WHISTLEBLOWING AWARENESS WEEK · 2023-03-23 · READ IN HANSARD

  47. That brings me to my next point. My hon. Friend makes a very good point, but the employment tribunal is there to settle compensation. It is the regulators in the various sectors that are there to look at the problem, the detriment, and to consider the whistleblowing concerns and act on them. That cannot be restricted by an NDA in that kind of compensation settlement, I think. What I regard as the key point in my hon. Friend’s contribution today is the proposal for an office of the whistleblower. I quite understand that the intent is to provide one central place for whistleblowing and to make sure that we have best practice across the piece. Such an office would provide consistency in standards for regulatory investigations triggered by whistleblowing information.

    WHISTLEBLOWING AWARENESS WEEK · 2023-03-23 · READ IN HANSARD

  48. The hon. Gentleman makes a very fair point, which I think was referred to earlier. Some of the whistleblowers I have dealt with were outside the current legislation because of their employment status, so I think that it is a very fair point and it is one that we are very keen to explore through the review. I thank my hon. Friend the Member for Cheadle again for initiating this very important debate. We are in complete agreement: there should be no doubt that to blow the whistle is an act of real value to both business and society at large. Government, including my Department, will continue to examine and make reforms to the whistleblowing regime, and we will be setting out details of the review of the whistleblowing framework very soon.

    WHISTLEBLOWING AWARENESS WEEK · 2023-03-23 · READ IN HANSARD

  49. The Government are rightly proud of the record of UK companies when it comes to corporate responsibility. The UK is home to 10 of the world’s top 100 companies, ranked by social responsibility. These standards are reflected in the UK being considered by business leaders to be the world’s third most important country for investment.

    CORPORATE RESPONSIBILITY · 2023-03-23 · READ IN HANSARD

  50. The hon. Gentleman raises an important case. The UK is a signatory to the OECD’s declaration on international investment and multinational enterprises, a voluntary set of standards intended to promote responsible business conduct worldwide. My Department is the UK’s national contact point on these guidelines, allowing anyone who thinks there are problems to make a complaint, which will then be investigated. I am very happy to work with him on that basis.

    CORPORATE RESPONSIBILITY · 2023-03-23 · READ IN HANSARD