WHISTLEBLOWING arrangements within government have been “strengthened” to allow employees to speak to an independent body when concerns about senior members of staff are raised, the Chief Minister has said.
It follows explosive evidence made public during an employment tribunal of former safeguarding partnership lead Alison Renouf last week, which revealed senior staff – including police chief Robin Smith and former government chief executive Dr Andrew McLaughlin – making dismissive comments about the Independent Jersey Care Inquiry.
When quizzed about the revelations during yesterday’s States sitting, Chief Minister Lyndon Farnham said that all ministers “accepted that the case must continue to take its course” but added that “lessons must be learnt in relation to internal government policies and the handling of such cases”.
The government’s lawyer attempted to block a recording of a meeting in which a number of senior employees were discussing safeguarding from being played in public and applied to have retrospective reporting restrictions placed on the transcript of that meeting.
Ms Renouf claims that she was sacked for whistleblowing by sending the meeting recording to outside agencies amid fears that their funding could be cut.
During the meeting, Mr Smith also described the care inquiry – which uncovered decades of child abuse in the Island’s care homes – as a “noose round the Island’s neck”.
Following a question from Deputy Montfort Tadier, Senator Farnham said yesterday: “I do not endorse some of the comments made at that meeting and I am pleased to note that the police chief has acknowledged and apologised for that.”
When Deputy Tadier went on to suggest that the government’s attempts to suppress the video from being released were “not a good look”, Senator Farnham confirmed that the Council of Ministers had been locked in talks yesterday to discuss the next steps.
“At that meeting, ministers accepted that the case must continue to take its course and that lessons must be learnt in relation to internal government policies and the handling of such cases,” he said.
“This includes strengthening political oversight, the use of respectful and appropriate language at all times and a review of the data privacy arrangements.
“Ministers have also agreed that the video of an internal meeting can be shown in court subject to seeking appropriate privacy and personal data safeguards.”
The Chief Minister said that work on a dedicated whistleblowing legislation is “ongoing” and that “arrangements have been strengthened” since Ms Renouf brought her case against the States Employment Board.
“Ministers were unanimous in wanting to make it clear that when concerns relate to senior members of staff, new provision has been introduced which permits whistleblowers to step outside the government system to an independent body that is not directly involved in the government,” he added.
“Ministers further recognise that work must continue to improve safeguarding standards across the Island and can confirm that government will provide a further statement once the tribunal has completed.”
During this week’s States sitting, Members are due to debate a proposition from Deputy Carina Alves calling for ministers to take swifter action towards the introduction of whistleblowing legislation.
The principle of such a law was originally raised by Deputy Alves in July 2023. She has expressed disappointment that the issue has not been given a sufficiently high priority by ministers, with her proposition calling for the draft legislation to be lodged by 31 January next year.
The Council of Ministers issued its own amendment to the whistleblowing proposition which, if supported by Members, would see the deadline for bringing in the law pushed back by 12 months to 31 January 2028.
When asked by Deputy Samantha Gleave about the law and whether it could be introduced sooner, Social Security Minister Elaine Millar said: “The UK is currently doing a consultation on their whistleblowing legislation.
“I believe the draft currently before us borrows quite heavily from the UK’s framework and it would not make sense for us to proceed with that framework if the UK were to dramatically change theirs and create a different model.
“I think the current [employment tribunal] proceedings really highlight what a complex, difficult area this is. I think it is important that we get it right.”
Senator Millar added that whistleblowing legislation cannot simply protect employees, as agency and temporary staff and trustees need to have adequate protections as well.
“I also do not believe the current draft is enough to encourage whistleblowing or protect those that do”, she said, adding that if it can be brought forward sooner it will be, but that there are competing priorities which also need addressing.
She said: “We will do that as quickly as we can, but I am reluctant to commit to an even earlier timetable.
“It is a difficult subject, we will need to consult on it again and I don’t want to bring something that is not effective.”
