In brief: The Council of Ministers wants to push back whistleblower protection legislation by a full year, to January 2028, citing concerns about costs to businesses and the need for further consultation. The delay comes despite States Members voting unanimously in July 2023 for the government to act within 12 months, and a Jersey Employment Forum finding overwhelming public support for statutory protections.
Another Year, Another Delay
The Council of Ministers has lodged an amendment to delay the introduction of whistleblower protection laws by twelve months, Bailiwick Express reports. The amendment would give Social Security Minister Elaine Millar until 31 January 2028, rather than January 2027, to finalise and bring the Draft Protected Disclosure (Protection of Whistleblowers) Law to the States Assembly.
To appreciate the full picture, it helps to remember that States Members voted unanimously back in July 2023 for the government to bring forward whistleblowing legislation within 12 months. A draft law was duly published in March this year. So far, so promising. Then Minister Millar told a Scrutiny hearing that progressing the legislation would not be a priority in 2027. And now the Council of Ministers wants another year on top of that. For those keeping score at home, that is a unanimous vote in 2023 potentially resulting in a law that arrives in 2028.
What Ministers Say
To be fair to the government, its stated reasoning is not entirely without merit. Ministers acknowledge that an “appropriate framework to protect and encourage genuine whistleblowing” is an important part of a modern and ethical labour market. Their concern is that a new legal framework could create “significant costs” and unintended consequences, including misuse of the protections.
The government now wants to consult employers, employee representatives, human-resources professionals and people with practical experience of whistleblowing systems. An impact assessment will examine existing protections and any gaps, as well as the implications for businesses, employees, the Employment and Discrimination Tribunal and whistleblowing activity, with findings to be published.
Ministers argue that a commitment to lodge the draft law by 31 January 2027 “will not allow any meaningful review of the impact of the new law in terms of protection for whistleblowers and additional administration for businesses.” They say the extra year would help ensure the legislation is “well designed and fit for purpose” while remaining proportionate for businesses.
On the question of cost, the government states that the review would be prioritised over other planned work for 2027, meaning no additional funding or staff would be required. However, it acknowledges that other projects could be delayed as a result.
Critics Are Not Impressed
Deputy Carina Alves, who spearheaded the original calls for legislation, has been blunt in her assessment. “We do not need more delay. We do not need more consultation. We need action. Plain and simple,” she said, according to Bailiwick Express.
Her frustration is understandable given what the Jersey Employment Forum has already found. A consultation carried out by the Forum found respondents overwhelmingly supported introducing statutory protections. The Forum concluded that existing employment protections were inadequate and that there was a “strong and compelling case” for legislation. Its members unanimously recommended that protection from dismissal or other detrimental treatment should apply from a worker’s first day of employment.
In other words, the groundwork has already been done. The public has spoken. The Forum has spoken. The States Assembly spoke unanimously three years ago. The question of whether Jersey needs whistleblower protections appears to have been settled some time ago.
If the amendment is approved, the government would be required to explain any significant changes made to the existing draft and provide a timetable for implementing the law.
Source: Bailiwick Express
