Thursday, July 20, 2017

Unprotected disclosures

The State Services Commission has released the results of its inquiry into retaliation by convicted fraudster Joanne Harrison against staff who tried to blow the whistle on her. They're pretty devastating:

Four whistleblowers at the Ministry of Transport suffered "humiliating" reprisals after they raised concerns about convicted fraudster Joanne Harrison, a high-level inquiry has concluded.

And while the staff members were not forced out of their jobs as initially claimed, Harrison's advice meant some of them were made redundant just before Christmas or had requests for a pay rise rejected.

The affected staff members are now in line for compensation, the State Services Commissioner Peter Hughes said at a press conference this afternoon. The size of the payout was confidential.

Each of these staff did the right thing, and were punished for it. Its a clear breach of the Protected Disclosures Act, and SSC has recognised that with compensation. At the same time, it has once again raised the wider issue of whether the Protected Disclosures Act is fit for purpose. There's some vague recommendations for a review, but nothing concrete, despite the clear failure of the Act in this case. Reform was suggested in last year's Open Government Partnership consultation, but was not taken up by the government. This case suggests very strongly that that was a mistake. We need an improved whistleblower law, one which empowers employees to go to MP's and the media if their bosses ignore them, and one which offers concrete protection against retaliation, with personal liability and jail terms for bosses who try to silence them. Anything less, and we are implicitly tolerating corruption in our public service and our society.