Whistleblowers get the all clear
Embargoed to 00.01 Wed October 17th 2001
Ministers have rejected one of the key findings of the Kennedy Report into baby deaths at Bristol Royal Infirmary. Under pressure from Public Concern at Work, the Government has confirmed that whistleblowers such as Dr Steven Bolsin, who exposed the scandal at the Bristol Royal Infirmary, are now “fully protected” against reprisals.
The independent watchdog, Public Concern at Work, challenged the Kennedy Report’s approach to whistleblowing and its claim that Dr Bolsin would not have been protected by the Public Interest Disclosure Act had it been in force. As it was only through Dr Bolsin’s whistleblowing that the problems came to light, Ministers agreed with Public Concern at Work that Kennedy’s findings were “extremely important” and that they have “implications that extend beyond the NHS.” Having received a legal opinion from Public Concern at Work, Ministers instructed senior Government lawyers to settle the issue.
Kennedy Report “incorrect”
In correspondence released today (Wednesday 17 October) John Hutton MP Minister of State at the Department of Health has confirmed that the Government endorses Public Concern at Work’s legal opinion and agrees that the Inquiry’s analysis was wrong. The Minister has also assured Public Concern at Work that in its forthcoming response to the two year Inquiry, the Government “will take the necessary action to ensure” that all NHS employers “fully implement” NHS rules requiring them to comply with whistleblowing legislation.
Michael Smyth, chairman of Public Concern at Work, said “We welcome this strong message from Government. The tragedy at Bristol shows just how important it is that genuine concerns are raised and addressed before any real damage is done. Used properly, the Act means that the culture of wishing away serious problems need have no place in 21st century Britain.” The Act works not only by protecting individuals like Steve Bolsin but also all of his colleagues who feared there was no safe alternative to silence. By providing unlimited compensation and by protecting wider disclosures, the legislation gives managers every reason to promote and embrace legitimate whistleblowing.
Public Concern at Work pointed out that as the Kennedy Report had expressly accepted that Dr Bolsin’s whistleblowing was both understandable and right, it had no reason to question whether the Public Interest Disclosure Act would have protected him. The Inquiry, however, misunderstood how the legislation is changing workplace cultures and how its key provisions work.
Commenting on the news, Dr Bolsin says “I feel very reassured by the Government’s statement and was pleased to see that Public Concern at Work took such strong, quick and determined action to obtain clarification of a very important point. I still believe that people should be able to speak out about issues of patient safety without being subjected to any adverse consequences.”
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Note to Editors
Public Concern at Work is an independent charity, which receives no state aid. It runs a free helpline for people worried about wrongdoing in the workplace but who are unsure whether or how to raise the concern. It trains leading companies, public bodies and the NHS on whistleblowing and accountability. It promotes and campaigns for the public interest at home and abroad. It also helped draft and promote the Public Interest Disclosure Act.