NEW whistleblowing legislation will be brought forward by the end of January after politicians were urged “read the room” and back the proposals during an emotionally charged debate taking place at the same as a highly publicised employment tribunal.
The debate featured an impassioned and heartfelt speech delivered by Deputy Jonathan Renouf, whose sister, Alison, was allegedly sacked for whistleblowing about child safeguarding concerns.
Ms Renouf, who was dismissed from her role as safeguarding partnership lead after sharing a confidential recording of senior officials with children’s charities, is now pursuing an unfair-dismissal claim against the States Employment Board.
In the video, police chief Robin Smith was heard describing the Independent Jersey Care Inquiry as a “noose round the Island’s neck”.
At the beginning of his address to States members yesterday, Deputy Renouf said that his speech would be“inevitably influenced by recent events” involving his sister.
While noting that Mr Smith had apologised for his comments on the care inquiry, he said that the report – published in July 2017 – remained a “foundational document” for how to approach politics in Jersey.
“We still fall short of the cultural and organisational standards we need when it comes to encouraging and supporting those who have concerns to come forward,” the Infrastructure Minister said.
“There is still a tendency to prefer institutional stability over searching self-examination, reputation management over simple openness, and legal shenanigans over reconciliation.”
He added that the Haut du Mont tragedy, in which ten Islanders died following a gas explosion in December 2022, represented an “all too horrific” recent example of what can happen when a “toxic” work culture goes unchallenged.
“Today we are not being called upon to show the courage of a whistleblower,” Deputy Renouf reflected. “We are being called upon to show the courage of our convictions.
“Statutory protection for whistleblowers is how we give strength to those who have the bravery to put their careers and livelihood at risk to call out bad practice.”
The Council of Ministers has initially lodged an amendment requesting a further 12 months to finalise the law, but withdrew this before the debate started.
Senator Elaine Millar, who had drafted an amendment to the proposition before withdrawing it ahead of the debate, maintained that the whistleblowing legislation in its current form “needs more work”, and should not be finalised by January 2027.
She asked Members to consider the cost of the legislation to “both local businesses and the government”, the latter of which “will be one of the biggest recipients of claims under whistleblowing legislation”.
Senator Millar said that the UK government is currently reviewing its own whistleblowing legislation, telling members that it would be “missed opportunity” for Jersey not to factor in the results of this review, which is due in late 2027.
“In my opinion, doing something for the sake of having a law is no better than doing nothing,” she argued. “For that reason, and with a heavy heart – and I do understand it will make me another political hate figure – I cannot support this draft.”
Responding to Senator Millar, St John Constable Andy Jehan insisted that Jersey does not “need to wait for a UK review” before introducing its own whistleblowing legislation.
“The law was voted through in 2023 – that’s 1,214 days ago – quite a considerable time,” he reminded the Chamber.
Referencing the earlier example of the Haut du Mont tragedy, he asked: “What does the minister want to happen before getting on with this much-needed legislation?”
Deputy Montfort Tadier used his speech to commend Deputy Renouf for “one of the most thoughtful and considered speeches he has ever given”, before adding that the government “is very lucky to have somebody like Deputy Renouf in it”.
He went on to suggest that Senator Millar’s reluctance to finalise whistleblowing legislation by January 2027 pointed to the kind of “complacency” warned against in the conclusions of the Independent Jersey Care Inquiry.
Echoing Deputy Tadier’s sentiments, Deputy Louise Doublet said that Islanders “want to see actions from this Assembly” on whistleblowing in light of the recent events involving Ms Renouf – whose courage in coming forward she described as “absolutely admirable”. She added that Members needed to “read the room” and recognise the public feeling being generated by Ms Renouf’s tribunal claim.
Deputy Kirsten Morel added that the government had “run out of time” for introducing the law and “really needs to move on this issue”.
In her final address to the chamber, Deputy Carina Alves – who brought the proposition to the Chamber – said her proposal stemmed from her previous experience as a teacher, during which she was advised not to pursue concerns that she had about a member of senior management.
“I didn’t feel that I had a route to take, because the route to take [involved] the people that I had concerns about,” she said. “I felt very much silenced, I felt very much alone and, even now, I’m struggling to talk about it.”
She proceeded to thank Deputy Renouf for his “heartfelt contribution” to the debate. “I could see how difficult it was for him,” she said. “I don’t think I could have put the points raised by him better myself, so I won’t try to.”
Both parts of the proposition were then voted through with 42 votes to nil with two abstentions – the two abstentions coming from from Senator Millar and Deputy Phil Romeril, who had previously declared an interest as chair of Family Nursing & Home Care.
