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Lord Cromwell (CB)

Speaking in the House of Lords on 14 July 2025

Debate

Employment Rights Bill

Contribution

I will speak very briefly on the three amendments. I am very grateful to the noble Baroness, Lady O’Grady, for namechecking me among the illustrious supporters. First, on government Amendment 46, I have been going on about NDAs and whistleblowers for a long time over the years and it is great to finally get to a day where we have legislation that is actually gripping it. I agree with the reservations of the noble Baroness, Lady Kramer, about it applying to workers only—but, my goodness, this is a substantial beachhead into a problem that is long overdue for settlement. I support Amendment 96. The unfair dismissal aspect is so obvious that I do not think it needs any words from me. In particular, I am interested in supporting the duty to investigate side of it. I often say that Parliament loves to make laws and then never resources the enforcement of them. Organisations love to make policies about whistleblowing—to coin a phrase, “big, beautiful policies” about whistleblowing. The trouble is that, when it comes to somebody actually trying to whistleblow in practice, the reception is very often the three Ds: delay, dismiss and deny. This amendment gives the opportunity to remove something that is not only unfair to the individual employee but is corrosive of business efficiency and a betrayal of investors’ interests in whatever the business or organisation is. I remind the House that whistleblowing is not just about sexual harassment, vitally important though that aspect is. It can be about criminality of a whole range of kinds which, if not revealed, is very corrosive to business and damaging to investors, who take a keener interest than some people realise in whistleblowers. To bring a duty to investigate will be a great step towards resisting the temptation and ability to cover up issues brought up by whistleblowers. Finally, on Amendment 95, the noble Baroness, Lady Kramer, has very long championed the office of the whistleblower. For all the reasons we have discussed tonight, it is of benefit to whistleblowers and organisations to have this office put in place. There is such a lot of work to do in terms of their knowledge and support, with so much need out there. I do not think I need say any more; I am just very happy to once more support the enthusiasm of the noble Baroness, Lady Kramer, for the office of the whistleblower.

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