Ban the use of controversial gagging orders to silence whistleblowers, MPs demand

The use of non-disclosure agreements to silence whistleblowers must be banned, a cross party group of MPs have demanded.

The All Party Parliamentary Group (APPG) for whistleblowing has found that the agreements are being abused to cover up allegations of serious wrongdoing, including child sex abuse.

In their first report, the APPG note that the “regulatory framework of whistleblower protection is complicated, overly legalistic, cumbersome, obsolete and fragmented”.

They make a series of recommendations including a definition of whistleblowing in law, a review of employment tribunal awards and the creation of the Independent Office for the Whistleblower to ensure that those coming forward are protected.

The report also recommends that NDAs “in whistle-blowing cases must be banned”.

There has been increased public scrutiny on the use of the documents to silence allegations of wrongdoing in light of the #MeToo scandal and this newspaper’s revelations of their use by Topshop owner Sir Philip Green.

The report noted: “We have heard first-hand of the price [whistleblowers] have paid. Mental trauma and the impact on whistleblowers and their families, loss and damage to careers, the cost of litigation, blacklisting and the use of NDAs to silence whistleblowers and cover up wrongdoing including the sexual abuse of children.”

A series of scandals, including the Rotherham grooming gangs and the failures of care at Mid Staffordshire NHS Foundation Trust, show that  “whistleblowers are the first line of defence against corruption, crime, and coverups”, the report notes.

But the report goes on to warn: “Despite the undisputed benefits to society there remains a backlash by organisations toward whistleblowing resulting in stigmatisation and victimisation of whistleblowers.”

It comes as the Labour Party is facing increasing criticism for their treatment of former employees who have told of their experience of anti-Semitism in the party. Some of them had signed NDAs.

The MPs called on the Government to carry out “urgent” reform of the system.