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British MP Julian Smith visits NWC

Julian Smith and Stephen Kohn

British Member of Parliament Julian Smith (left in photo) today visited Stephen Kohn (right in photo) the Executive Director of the National Whistleblowers Center. Mr. Smith asked for the meeting to discuss how the United Kingdom might benefit from improved laws for whistleblowers and from an advocacy organization like NWC. Mr. Kohn explained how the United States has benefited from the False Claims Act, and has even used that law as a model for reward programs in the Dodd-Frank Act and in the Internal Revenue Service.

 

Ghana groups use whistleblower rights booklet to fight corruption

The Ghana Anti-Corruption Coalition and the British High Commission in Accra (the British Embassy) have published A User's Guide to the Whistleblower as part of their efforts to eradicate corruption. The 34-page booklet is inspired by a call of Ghana's President, John Evans Atta Mills, to make the penalties for corruption high enough for deterrence. Professor Kenneth Agyemang Attafuah, an editor of the booklet, told the Ghana News Agency (GNA) that corruption goes beyond giving and taking bribes. In addition to economic crimes, "many forms of unlawful and improper conduct negatively affect Ghana's development." 

Prof Attafuah laments that anti-corruption laws are not always effective.

This is partly because most of these practices occur in secret, and those who engage in them take steps to "cover their tracks." Sometimes, however, some individuals witness these corrupt and improper acts, or get to know about them. Indeed, every year, thousands of employees, managers, corporate executives and other officials witness serious acts of impropriety or wrongdoing that cost the nation a great deal. Sadly, most of them do not disclose such wrongdoing mainly because they are afraid of being victimized.

Prof Attafuah raised a concern that some "patriotic citizens" decline to speak up because the public officials might not "act properly to protect the public interest, to stop the improper act from taking place, or to have those who have engaged in such impropriety dealt with in accordance with the law." He told GNA that the Whistleblower Act (Act 720) is an important anti-corruption tool, that encourages and supports individuals to "blow the whistle" on unlawful or other illegal conduct or corrupt practices of other persons, and also protects any person who "blows the whistle" or exposes the corrupt or other unlawful conduct of other persons.

Bad Apples in a Rotten Barrel

 In the United Kingdom, a former investigator of the Royal Military Police (RMP), speaking anonymously, alleges that Senior British army commanders in Iraq refused to investigate Iraqi civilian abuse claims. According to BBC News on October 11th, the whistleblower claims that while he has seen documentary evidence of hundreds of incidences, involving death and serious injury to Iraqis, investigators could not examine these cases because the whole system of military justice is flawed. The military chain of command made independent investigations of the RMP almost impossible by not providing resources or denying access.  

 

 The Ministry of Defense, however, insists “any substantive allegations of abuse brought to its attention will always be investigated and that such cases are relatively rare.” A Ministry of Defense statement claims “we must remember that over a hundred thousand of our personnel served in Iraq and, with the exception of a few individuals, they have performed to the highest standards under extraordinarily testing condition there.”

The whistleblower agrees “the vast majority of British soldiers have served their country with distinction.” However, he asserts “it is the actions of a few who have been shown to be bad apples. But the system is so flawed and some of the decision making has been so perverse that it is fair to say that the barrel is probably rotten.”       

Referred Articles:

Bowen, Innes, “Whistleblower says Army abuse not investigated,” BBC News, October 11, 2009.

“Army abuse claims ‘being ignored’,” BBC News, October 11, 2009.

Evans, Michael, “Army refused to investigate Iraqi abuse claims, investigator claims,” Times Online, October 12, 2009.

“Whistleblower bemoans British ‘abuses’ in Iraq,” Press TV, October 12, 2009.

 

Whistleblowing Information of the U.K.

 

Public Interest vs. Breach of Nursing Code of Conduct

In Britain, Margaret Haywood’s whistleblowing became a hot issue again last week after the Nursing and Midwifery Council (NMC) decided that her secrete filming was a “major breach” of the nursing code of conduct.   Ms. Haywood, a nurse at the Royal Sussex Hospital in Bringhton, secretly filmed neglectful behavior of nurses toward elderly patients in the hospital.  The purpose of her film was to inform the public about how badly the nurses treated their patients.  A social investigative TV program in BBC, Panorama, aired her film in July 2005.

After the program broadcasted, the conditions in the hospital improved for patients.  However, Ms Haywood lost her job and nursing license because she violated patient confidentiality rules.  Two weeks ago, the NMC confirmed that her filming was a breach of the nursing code of conduct.  After the NMC decision, British news media and citizens criticized the decision and British whistleblowing policy.  Thousands of people have signed a petition in support of Ms. Haywood.  On April 27, 2009, the Panorama program in BBC broadcasted a new episode, “Who’d be an NHS Whistleblower,” about Ms. Haywood’s whistleblowing and British whistleblower protection. 

Even though Britain has a comprehensive law for whistleblower protection (The Public Interest Disclosure Act), Haywood’s case shows the protection might not be enough and whistleblowing is not a pleasant job at all. 


You can find more about British whistleblower protection on the International Page of the National Whistleblowers Center by clicking here.

Articles about Haywood’s case

“Hospital Care Fails Elderly,” BBC News, July 19th, 2005.
James, Cathy, “When the Whistle Blows,” The Guardian, April 25th, 2009.
“Call to Protect Whistle-blowers,” BBC News, April 27th, 2009.
Staines, Richard, “Whistleblower Petition Gets 25,000 Signature, Nursing Times, April 28th, 2009.