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G4EBT > TRUTH 06.08.04 22:15l 147 Lines 6703 Bytes #999 (0) @ WW
BID : 862859G4EBT
Read: GUEST
Subj: UK "Whistleblowing" laws etc
Path: ON0AR<ON0AR<GB7FCR
Sent: 040806/2202Z @:GB7FCR.#16.GBR.EU #:4974 [Blackpool] FBB-7.03a $:862859G4E
From: G4EBT@GB7FCR.#16.GBR.EU
To : TRUTH@WW
Most countries have some legislation in place to afford some protection
for "whistleblowers". In the UK the Employment Rights Act 1996 sets out
what constitutes a "protected disclosure" as well as the manner of
"permissible disclosure" by workers. It includes disclosure of any
information by a worker, which - in their reasonable belief, tends to show
that:
*A criminal offence has been, or is likely to be committed.
*A person has, or is about to ail to comply with a legal obligation
imposed upon them, including obligations imposed by their contract of
employment.
*The health and safety of any person has been, or is being, or is
likely to be, endangered
*A miscarriage of justice has occurred, is occurring, or is likely to
occur.
*The environment has been, or is being, or is likely to be, damaged.
*Information tending to show that one of the above matters has been,
or is likely to be, deliberately concealed.
It isn't necessary for the worker to show that the act concerned has or
will occur - a reasonable belief is all that's needed. It's immaterial
that the act has, or may, take place in the United Kingdom or elsewhere.
The legislation favours internal disclosure so as to give employers chance
to redress the situation. Workers are protected where, when acting in good
faith, they make a disclosure to their employer, (or where they consider
another person is responsible, to that person).
A worker who deliberately sets out to embarrass or humiliate the employer
may be denied protection on the grounds that they weren't acting in good
faith. A disclosure isn't protected if the worker commits a criminal
offence in making it, such as breaching the Official Secrets Act.
However, as far back as 2001 Stella Rimmington, former head of UK Security
Services said that the Official Secrets Act needs to be reviewed. Liberty
agrees.
For years successive UK governments - and this one's as bad as any, have
used the Official Secrets Act to intimidate, persecute and prosecute
security staff who've acted on their consciences when become aware of
something that the government is doing which it shouldn't.
They've failed to gag people and they always will. There'll always be
people of conscience and courage who'll put the public interest above
their own careers, liberty and even put their lives at risk. They're
to be applauded, or the very freedoms that governments claim to protect
are eroded and we end up with a police state.
Protecting national security is a genuinely important interest - never
more than at present, but current law in the UK fails to provide a proper
balance between that national security interest and the public's right to
freedom of information.
Liberty rightly makes the point that current secrecy laws are too
restrictive and encourage abuse. Reform is needed to ensure proper
judicial scrutiny of restrictions on people's freedom of expression
and freedom of information and the Authorities need to provide a real
need for any restrictions.
The term "National Security" needs to be properly and tightly defined,
and the Security and Intelligence Services should be more accountable
to the Parliamentary Intelligence & Security Committee.
The Public Interest and Disclosure Act 1998 - the "Whistleblowers Act"
should be amended to protect whistelblowers from the security services
where they're acting in the public interest just as it protects people
from other essential public services.
Failure to bring about reform is counter-productive and self-defeating
as it undermines trust, and the government knows this. An independent
"yourgov" poll in Feb/Mar 2004, showed the following levels of trust in
a range of organisations:
People and institutions don't trust much trust a lot
Family doctors 5% 95%
Schoolteachers 7 93
Local police officers 15 85
BBC News journalists 18 82
Senior police officers 22 78
Judges 30 70
Local newspaper journalists 33 67
Local Members of Parliament 50 50
Mid-market newspapers 63 37
NHS hopsital managers 65 35
Trade Union Leaders 66 34
Local senior Council officers 70 30
Senior civil servants 75 25
Current Labour Ministers 76 24
Leading conservative MP's 78 22
Estate Agents 78 22
Journalists on downmarket papers 80 20
Someone reminded Tony Blair that trust is like virginity - when it's gone
it's gone. He should have listened but he's blown it now. However, his
Conservative counterparts fare no better.
Trust in Estate Agents suffered another blow yesterday when a firm of
Estate Agents and its directors in Berkshire were convicted of offences
in Maidenhead Magistrates' Court.
This is an expensive area within commuting distance of London, and is a
very competitive market for estate agents. With houses costing œ500,000 -
œ1mill or more, Estate Agent fees of 1.5 - 2% are very lucrative.
Imperial Estate Agents, trading as Romans, had put "Sold" signs outside
two of their directors homes and a third outside and employees home to
make it look as though they were highly successful at selling, when in
fact none of the homes had been on sale. They were convicted of making a
false statement under the Trades Descriptions Act 1968.
The Company Secretary and a director were each fined œ900 and the company
was fined œ3,000. The prosecutor said "this was just a ruse to drum up
business". The defence said the practice was commonplace, if illegal, and
the ploy was used nationwide.
So for Ministers, Prime Ministers and MP's there are reasons to
be cheerful! While ever there are estate agents and "gutter press"
journalists, you can never come bottom of the pile. Well, not quite:-)
For info on Human Rights issues, (internment, terrorism, right to protest,
deaths in custody, asylum and immigration, intelligence and security
services, police, freedom of information, privacy etc), check out:
http://www.liberty-human-rights.org.uk
73 - David, G4EBT @ GB7FCR
Eddystone User Group Member
G-QRP Club Member No: 1339
QTH: Cottingham, East Yorkshire.
Message timed: 23:00 on 2004-Aug-06
Message sent using WinPack-Telnet V6.70
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