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Public Office (Accountability) Bill

My Lords, after a day of extraordinarily brilliant speeches from people who have an understanding that goes way beyond mine, I am going to keep to a fairly narrow topic: whistleblowing.

The duty of candour is intended to deter wrongful behaviour and cover-ups and to expose them if they happen. That goal requires people to be confident to speak out—in other words, to blow the whistle—hopefully long before we reach the crisis point of an inquiry. Whistleblowers are also crucial voices at inquiries. But two fears hold people back from speaking out: the fear that the issue will not be investigated, and the fear that they will face detriment and retaliation for speaking out.

The existing whistleblowing framework that we have in place today does not eradicate those two fears. Whistleblowers are regularly ignored, silenced, and often pay a high personal price—finding that their career and their financial future are in ruins. The protections that do exist under PIDA and under employment rights apply only to a very narrow definition of workers and not to many people whose voices are absolutely critical.

The Bill takes some steps forward in Clause 10(5) by adjusting the code of ethical conduct. But the steps are not sufficient and, indeed, the requirements introduced into the code would almost certainly be met by the existing whistleblowing provisions in virtually every part of the public and private sectors—the very provisions that have tragically failed to prevent or expose serious wrongs, whether it is in the NHS, the police or transport. People have heard so many examples today; I could go on.

The preferred Liberal Democrat solution would be an independent office of the whistleblower, functioning as a hub with spokes to the various public authorities, regulators and enforcement agencies. The office would provide an independent, clear and simple channel for protected disclosures; ensure that, when reasonable, the appropriate authority, regulator or enforcement agency investigates; and prevent or counter retaliation or detriment for speaking out. I recognise that this is likely to be beyond the scope of the Bill. A narrower office could be set up under the Civil Service Commission and thereby come within scope. It is not ideal, but some people may come to the conclusion that it would at least be something.

At the very least, the Bill needs to tackle head-on the most serious issues that whistleblowers face. There is no mechanism in the Bill to ensure that whistleblower information is properly triaged and that reports with merit are then investigated. Just as importantly, the Bill, including the code of ethical conduct, ignores the issue of detriment and retaliation, both formal and informal. I am sure that amendments will be tabled to require public authorities to initiate investigations when in receipt of meaningful information and to counter retaliation, and I hope to support a number of them.

I suspect that the Minister will respond to my issues by saying that a review of the whole whistleblowing framework will begin this autumn, but we have already had such a review: it was initiated by the Department for Business and Trade in March 2023 and published in July 2025. Much good that has done us, despite some excellent work by the authors at Grant Thornton. Experience warns us that reviews are long-grass strategies. I am very concerned that the practical application of the Public Office (Accountability) Bill—surely, we owe effective application of the Bill to all those who have campaigned so long and hard and in such difficult circumstances—could be undermined by the real-life effect of ignoring whistleblowing issues.

Like other speakers, I am determined not to endanger the safe passage of the Bill—it is far too important to be delayed. But I also believe that we should seize the opportunity to strengthen whistleblowing protections not only for public officials but for the many others, such as contractors, clients and suppliers, about whom this Bill needs to speak out. The duty of candour will always be far more effective if those who speak out have confidence that wrongful behaviour will be investigated and that they will not become the victims of retaliation and detriment for the act of speaking out.

8.46 pm