Baroness Kramer (LD)

My Lords, I support the noble Baroness, Lady Goldie, and her amendment. I am not going to repeat the strong and powerful case that she made, but I want to pick up on a couple of issues. Whistleblowing and a complaints process are two different things—it is a point that I tried to make on Report. A coherent complaints process is exceedingly important, and it can rise to the level of commissioner, but whistleblowing is an opportunity to deal with things that are far more systemic and come, in a sense, from a different perspective from that of a complaint. That is why, if we look at financial services regulators or regulators in essence across the piece, we will find they all have both channels. They have a complaints channel for people who run into an issue where they have a really serious complaint that they want to raise, but they also have a whistleblowing channel so that where somebody comes across intelligence, has an awareness or sees something that they think should be attended to because it has much deeper implications, they use that whistleblowing channel to go to the investigative or regulatory body. To me, it is extraordinary to put in place a new Armed Forces commissioner, a clearly important and independent role, and not give that commissioner the tools which you would normally give anybody else picking up that kind of commissioner role so that, through the whistleblowing route, they can receive and reach for information. Without that information, it is very hard for him or her to function in that role. I think one of the reasons why this is not in the Bill and was not in the Bill from the start is that a change in culture and mindset is taking place. We are now seeing with many Bills coming through this House the issue of whistleblowing being raised, because the public have become aware every time there is a scandal that there have been people who have spoken out but who have not been heard, have been silenced and have suffered detriment, so now there is a search to put whistleblowing protection, almost as a standard norm, in Bill after Bill—I think it would be better to unify it in one place, but I am not going to make that argument today. An Armed Forces commissioner needs to receive a regular and steady flow of information to enable them to carry out the role that is intended. I think the establishment of a whistleblowing channel will create far more trust among service personnel, who quite frankly understand better than we do the limitations of complaints systems. When somebody enters a complaints system, they typically see themselves as raising a specific personal issue or one among friends which they want to be resolved. In a welfare case, it may well be a situation where housing repairs have not been carried out. It is a perfectly reliable and important channel, but whistleblowing touches something deeper and more fundamental and systemic. To have that channel running parallel is not exceptional; it is the norm. In fact, excluding it is the exception, so I ask the House to seriously consider this. As I said, if this Bill was being written six months from now, given the discussion there has been around these issues in Bill after Bill, it would automatically have been put in place. I do not want to slow this Bill down as it is important, but I do ask the Government to quickly draft something that they feel captures all these issues, with the legal expertise that they have, and not to lose this opportunity.