Dame Meg Hillier

Dame Meg Hillier

Labour (Co-op) — Hackney South and Shoreditch

Speaking in the House of Commons on 22 October 2024

Debate

Whistleblowing Protections

Contribution

As ever, my hon. Friend manages to cut through to a really important issue. It is not only about the whistleblower; in the whole public sector and parts of the private sector, it is time-consuming and cumbersome to deal with whistleblowing on both sides, and it is very mentally draining, particularly for the whistleblower. It is costly when a mistake happens and is not caught early. A stitch in time saves nine, as they say. That is very much the bread and butter of what the Public Accounts Committee does; it looks at where problems have arisen that could have been predicted and prevented. The Chancellor is to launch her Budget next week and we need to save money, but—I am not being flippant—in the long term we need to see a change in culture. Aviation is another example of where things happen well. In that sector, it is expected that people call things out. Things do still go wrong, but staff get praised, rather than penalised, for calling out what might happen in safety terms. This debate has come at an important time for my constituent, Sarah McMahon, who has agreed that I may share with hon. Members her sad experience as a whistleblower. Sarah is a consultant orthopaedic and limb reconstruction surgeon at Great Ormond Street hospital for children. In the summer of 2021, she was asked to look after some patients of her colleague, Yaser Jabbar, after he had an accident. Overseeing those patients, she found things that made her so alarmed that she blew the whistle in the autumn of that year. I am sure many Members will have heard about that case in the media; in short, Mr Jabbar was accused of inappropriate and unnecessary surgeries that led to life-changing injuries for children in his care. Sarah McMahon wrote to suggest an external review, but nothing was done to address her concerns and Mr Jabbar was allowed to continue operating on children. She tells me: “I was effectively told to keep quiet and concentrate on my own patients.” Despite that, Ms McMahon bravely continued to raise concerns about Mr Jabbar and the harm caused to children in his care, and in February 2023—some 18 months after she first raised her concerns—an investigation by the Royal College of Surgeons began. That investigation concluded in spring this year and the outcome is now well known. When the investigation was launched, Sarah learnt that Mr Jabbar had raised counter-allegations against her. It was only last week that Sarah was given any information about those counter-allegations, which Great Ormond Street hospital has now confirmed were completely unfounded. How terrible it must be for a surgeon doing their very best, working alongside a colleague with no animosity, and then discovering that there were problems. Sarah had to raise her concerns; it was absolutely the right thing to do, professionally and for the patients. She wrote to me about her experience of raising the alarm, saying: “I have since been threatened with disciplinary action without proper basis. I feel sidelined and excluded in my work and I am exhausted. The impact of this stressful process on my health, family, reputation, and career has been profound. I feel greatly let down by the way I have been treated as a whistleblower.” Three years into this ordeal, it is clear that hospitals cannot mark their own homework when it comes to whistleblowing concerns. I want to raise with the Minister some points, not all of which are directly related to his portfolio. I hope that he and his civil service officials will take them back to the relevant Departments, as I ask him directly for a detailed response. An amendment is proposed to the Employment Rights Bill that would give further protection to whistleblowers; I hope it will be considered sympathetically or, if necessary, rewritten by the Government to make it work and deliver on that intention. I also hope that the Cabinet Office works hard to improve the situation across Whitehall. Its representatives appeared before us when I chaired the Public Accounts Committee, so we know that there are some bits of good practice, but a lot more needs to be done. I hope that the Government commit to making that a high priority. I will not repeat the points that were made very well by my hon. Friend the Member for Stoke-on-Trent Central about the importance of the duty of candour, but I will say that we need that to be embedded in the system if we are to change the way these things work. I endorse the points made about the office for the whistleblower. Crucially, I hope that the Minister will talk to the Department of Health and NHS England. If we want to modernise our health service and ensure that patients are safe, we need to support brave people—like Sarah McMahon—who have had to go through the mill to raise concerns that have been proven to be very well-founded. I will end with Sarah’s own words: “Unless the safety system is radically reformed my advice to future colleagues facing this problem would be: ‘raise it, because you must, but do not expect to survive what follows.’” What a terrible indictment of the system so far. I hope the Minister takes that message back to the relevant Departments.

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