The request sought all public responses to the Cabinet Office's whistleblowing policy consultation and an indication of whether suggestions were accepted. The authority disclosed all information, providing a detailed table of comments from various respondents alongside the official responses and policy amendments made.
Key Facts
The Cabinet Office received responses from Government employees, organizations, and individuals regarding the 2021 Whistleblowing Policy.
One specific suggestion to broaden the definition of protected disclosures to include 'vulnerable children and adults in care, including day care' was accepted and the policy was amended.
A respondent requested the removal of their specific response (Response #7) from the consultation record, which was honored.
The authority clarified that inappropriate manager behavior causing stress is better handled via Fairness at Work or disciplinary procedures rather than the whistleblowing policy.
Concerns were raised about the fear of whistleblowing in a small island community and the lack of independent investigations.
Data Disclosed
2021-12-24
2022-01-28
19 pages
2 documents
Section 8
Section 11
Section 5
Para 4(b)
4/4
2/4
3/4
Original Request
As per UK ICO explanatory notes:
"A further example of private information that is caught by the Act is comments received by
a public authority from a private individual that relates to a consultation exercise conducted by that public authority."
Please supply a copy of all responses to the whistleblowing policy public consultation.
Please indicate if each response was accepted either in full or in part (either supported the draft whistleblowing policy or democratically swayed the department to amend the draft whistleblowing policy) or not accepted.
Data Tables (17)
Gov
Employee
Responding on
behalf of an
Organisation
Organisation
name (if
response on
behalf of)
Department (if
within
Government)
Section Number
Whistleblowing: Comments
OHR Comments
Number of questions
answered
Yes
No
Not Specified
DOI
The whistleblowing policy should apply to MHKs and
MLCs as well. If a Minister of a Department lies to
Tynwald, is this captured by this whistleblowing
policy? Can an employee of that Department
whistleblow against the Minister to reveal that they
have outright lied to avoid negative publicity?
Para 4(b) covers this point
Yes
No
Not Specified
DOI
It is good to see a clear distinction between what is
and what is not covered, together with guidance of
which other procedures should apply.
It would be useful to see where smoking in a building
/ department vehicle falls between illegal
(whistleblowing) and breaking rules (Fairness at work
/ grievance). This has been the most common issue I
have had to deal with
Where a legal obligation is breached, the
Whisltleblowing Policy can be applied.
4/4
Unknown
No
Not Specified
Not Specified
Could the protected disclosure 'danger to health' to an
employee include mental health? Eg If a certain
manager caused several employees to suffer from
stress/depression because of their inappropriate
behaviour
Whilst inappropriate behaviour of a manager could
constitute a danger to health and be covered by the
policy, it is more appropriate for inappropriate
behaviour to be managed either via the Fairness at
Work Policy or via disciplinary procedures.
Unknown
No
Not Specified
Not Specified
Seems a colossal waste of time and energy on
revising and extending something that is already in
place. I am not aware of any issues that have been
caused or raised with the current policy.
A Select Committee of Tynwald recommended that
the policy be revised and Tynwald approved the
recommendation.
2/4
Section 8 -Examples
of Protected
Disclosures (page 6)
c) physical and emotional abuse of prisoners, children
or the elderly in care
Wouldn't this be better worded to say 'vulnerable
children and adults in care, including day care'? I
know this is just an example, but this example is too
narrow and people may read this to mean they won't
be covered by the policy if they make a disclosure
concerning an adult with learning disabilities in care
or day care, which may put them off making a
disclosure.
Policy amended as suggested to "vulnerable children
and adults in care, including day care"
Section 11 -
Confidentiality
(page 7)
Why does the whistleblower have to request their
identity be kept confidential?
FROM THE POLICY: "Wherever possible, and where
requested, the identity of a whistleblower will be kept
confidential for as long as they so wish or until such
time as there is an overriding reason why identity
should be disclosed."
Surely their identity should be kept confidential as
standard, with a warning here in the policy that it
may disclosed at their request or if there is an
overriding reason why their identity should be
disclosed.
Wording added here with some examples of what an
overriding reason may be would be helpful too. This
would help the Anonymity section be accepted more
readily if the Confidentiality section was worded
better.
Whistleblowers frequently have no objection to their
identity being known. By requiring those that do not
to request confidentiality, ensures that the
Designated Manager understands this from the outset
and progress the case accordingly.
Examples of overriding reasons are given in the third
para of Section 11.
Yes
No
Not Specified
DOI
n/a
No feedback provided
4/4
n/a
n/a
n/a
n/a
n/a
n/a
Response # 7 removed from consultation at request
of respondent
unknown
No
Not Specified
Not Specified
General
Well-being and safety of the whistleblower needs to
be guarantee in order to protect and encourage
reporting.
In an island this small, there is significant fear in staff
to whistle blow. Staff who whistle blow frequently met
with lack of independent investigation, no action
being taken, including the whistleblower, instead they
are met with hostility of the organisation/ employer
whom they are reporting concerns against.
There are also incidence whereby the whistle blower
ended up leaving the job as a result of incrimination
and no longer able to take up other
employment fairly due to ‘damaging reports’ towards
the whistle blower.
The revised policy includes a series of commitments
at Section 5, which Government expects all
employees to follow. If there are cases where those
commitments are not followed, procedures exist (e.g.
discipline) to deal with them.
3/4
Yes
Yes
IOMG
DOI
n/a
No feedback provided
2/4
Yes
No
Not Specified
DESC
n/a
No feedback provided
3/4
Yes
No
Not Specified
MLC
Title Page
Suggest using images which empower the person 'on
the shop floor'; give the impression that management
are keen to listen and which dispel negative
connotations around concept of whistleblowing.
I can see that the people looking upwards gives the
impression that 'management' are listening.
But does it increase the feeling that management are
a long way away? Can't see relevance of a bank note.
Maybe have a shot of manager (looking happy and
open) listening to an officer?
Agree that images on title page should be updated
The committment to provide feedback to the
whistleblower is covered by 2(b) and part two (2.5),
but agree to add a new 5(h) confirming that the
whistlebower will be notified of the outcome of the
investigation. On Page
7, Section 8, agree to replace first sentence with
"Concerns which should be raised under this policy,
and the list is not exhaustive, are where any of the
following has, may be or is likley to happen"
4/4
Section 2 - Policy
Aims
(Page 4)
Policy aims are very positive and reflect govt's
commitment to supporting a whistleblower, if they're
dissatisfied with responses received and also support
to the employee about whom the concern is raised.
Good, clear explanation of what whistleblowing
actually is.
Noted
Section 5 -
Government’s
Expectation and
Commitment to
Action (page 5)
I like the outlining of employees' / govt's
commitments.
Do we need something under ' the Govt commits to...'
section which states that Govt commits to feeding
back to the whistleblower the outcome of any
investigation regarding the concern which they raised
in the first place?
Agreed - Section 5 amended to include point (h)
stating this
Section 8 -Examples
of Protected
Disclosures (page 6)
I think we need a clearer explanation that the list is
not finite. By saying 'may be reported' makes it sound
like these are the only things which may be
reported.
Section 8 states that list is not exhaustive
Appendix 1
Section 1.2
Describing your
concerns
(Page 9)
para 2 – insert 'from a designated'
End of item 1.2 – I think it's better to say that the
earlier something is raised, the more the public can
be protected, rather than 'negative impact on Govt'!
Agreed - policy amended
Appendix 1
Section 1.4
Reportimng your
concerns
(Page 10)
If allegations are made to these various people eg
Audit Advisory, PSC etc.....do we have a pathway in
place for these allegations to be collated and sent
somewhere in the short term? Later, it's explained
that they will go to the PSC but I think we need
assurance at this point too.
Addressed at 3.7 in policy, will be made clear in
rollout of revised policy.
Appendix 1
Part 4 - Relationship
with other procedures
(Page 17)
I like the explanation of other Procedures – useful.
Noted
Annex A
(Page 18)
I think we need to make clear here that Treasury
Audit Advisory can give advice to staff from any
department. Some people might think they
only deal with financial matters.
Footnote added in policy
Annex B - Definitions
and Glossary
(page 19)
Glossary of Terms – very useful.
No
No
Not Specified
Not Specified
General
I don't trust the fox to police the foxes.
Comment noted. However, as agreed by Tynwald, the
Tynwald Auditor General will monitor compliance .
4/4
Section 5 -
Government’s
Expectation and
Commitment to
Action (page 5)
Under "the Government Commits to:"
"b) investigating instances of alleged wrongdoing and
assisting police and other appropriate authorities in
any subsequent action;"
amend to read as
b) investigating instances of alleged wrongdoing in
accordance with the relevant procedure and
assisting police and other appropriate authorities in
any subsequent action;
Policy amended
Section 5 -
Government’s
Expectation and
Commitment to
Action (page 5)
"Re c) taking action against any employees involved
in wrongdoing;"
Required "action" should be not be committed
to in this procedure but rather should be simply
considered as appropriate.
It would be better to commit to following
appropriate procedures.
Section 5 lays out commitment.
The commitment to take action is clear, as to the
extent of the action, this will depend on individual
circumstances.
Section 6 - Statutory
Rights and
Obligations
(page 6)
"d) Disclosure of information by an employee is not a
qualifying disclosure if in making it he or she commits
an offence (e.g. if the disclosure is prohibited under
official secrets legislation)."
Presumably those who operate under such
legislation are aware of it within that. I think it
would be better to leave it as referred to within
the legislation which prohibits it as inclusion
here may serve to discourage good faith
disclosures through nervousness about the
legislative position
Individuals are encouraged to take advice from
various sources - see Annex C.
Wording of section 6 is in line with other public sector
Whistleblowing Policies
Appendix 1
(page 9)
We would hope to see a commitment to
equality principles throughout this procedure
and scope for reasonable adjustments to be
made throughout wherever appropriate.
Section 5 P5 to be amended to reflect this
Appendix 1
Section 1.2 -
Describing your
concerns
(page 9)
Policy amended
No
Yes
Association of
School and
College Leaders
N/A
Appendix 1
Section 1.2 -
Describing your
concerns
(page 9)
"You may discuss your concern with a work colleague,
who may also have knowledge of the matters you
wish to raise, and you may consider making a joint
disclosure. The earlier you express your concerns, the
easier it will be to take action and to minimise any
negative impact on the Government."
This implies that negative impact on the
government is the main priority. The language
could be improved to make clear that the aim is
to avoid any negative impact on any parties
Policy amended
Responded by email
Appendix 1
Section 1.4 -
Reporting your
concerns
(page 10)
"a) Designated Whistleblowing Officer within your
Department, Division, Board or Office (See Annex
D);"
Please add "some other person to whom it is
reasonable to disclose"
Policy advises prescribed person
Appendix 1
Section 1.4 -
Reporting your
concerns
(page 10)
"If your concerns are made in good faith but cannot
be confirmed by an investigation, no action will be
taken against you. However, if you raise a matter you
know to be false and/or where you commit or attempt
to commit a criminal offence contrary to the
Employment Act 2006 , the Official Secrets Act 1911
(an Act of Parliament) or the Bribery Act 2013,
appropriate action may be taken against you."
Amend last sentence to read as:
"may be investigated in accordance with the
relevant policy or procedure"
Wording is "definitive action", softened with the word
"appropriate".
"At all stages of the formal procedure you have the
right, if you so wish, to be accompanied by a trade
union/professional association representative or a
work colleague."
Please can timescales be provided to make
clear that additional time will be available to
accommodate this.
Prescriptive timescales can limit flexibility. As soon as
practicable. See section 2.4 and 3.3
Existing wording gives greater flexibility. Each case
has to be considered on its merits.
A standard minimum benchmark would be at
least 5 days notice of the original meeting,
with an additional up to 5 days to
accommodate TU companion availability
Policy amended.
Additional wording at 2.2 regarding meetings
"You will be reassured about protection from possible
reprisals or victimisation and you will also be asked
whether or not you wish to make a formal statement.
In either case, a brief summary of the interview will
be recorded, which will be agreed by both you and
the Designated Manager and a copy given to you for
your records."
In writing? Audio? How quickly will this be
made available
Reassurance will be given verbally and then in writing
as per policy - Appendix 1, Section 2.2
Within 10 working days as per 2.4
Appendix 1
Section 3.1 -
Introduction
(page 14)
"The Designated Manager has overall responsibility
for the management of a disclosure and in particular,
must:"
Please add "inform the employee of their right
to be accompanied by a TU representative at all
stages"
Right to be accompanied included at 2.2
Sections 3.1 outline role of designated manager
amended to include Trade Union representation
No
No
n/a
n/a
General Comment
What about the Private Sector?
Whistlebowing legislation applies equally to private
sector as to public sector. This policy is for
Government employers/employees. Private sector
employers are responsible for their own policies.
4/4
The aim to ENCOURAGE whistleblowing (2a) as a way
of 'putting organisations on notice of risk' (3) does not
match the commitments which are about the
protection of the whistleblower and actions to be
taken following whistleblowing. There is no indication
of how whistleblowers will be 'strongly
encouraged' (3) to come forward.
The policy specifically encourages whistleblowing
within the policy aims and principles on page 4
Unknown
No
n/a
n/a
Section 2 - Policy
Aims
(page 4)
Policy aims to: enable and encourage employees to
identify and report concerns or wrongdoing
Government commits to:
a) ensuring all employees are aware of and trained in
the requirements of this policy;
b) investigating instances of alleged wrongdoing and
assisting police and other appropriate authorities in
any subsequent action;
c)taking action against any employees involved in
wrongdoing;
d)ensuring that employees who blow the whistle in
good faith are not victimised and that any instances
of victimisation are taken seriously and managed
accordingly;
e)taking all reasonable steps to maintain the
confidentiality of the whistleblower (where
requested), unless required by law to break
confidentiality or
where it is not practical to do so (see
Paragraph10below);
f)treating all protected disclosures consistently and
fairly; and
g) ensuring that, where possible, any opportunities to
improve practices and outcomes in future are taken.
4/4
The updated policy and procedure does NOT include
provision for encouraging whistleblowers to come
forward.
The policy outlines what steps will be taken to
support whistle blower.
It is hoped that the simplification of wording and
intended flow chart at the back of the policy will make
it easier for individuals to follow and thus encourage
whistleblowers to come forward.
Section 8 -Examples
of Protected
Disclosures (page 6)
Section 8 does not include physical or emotional
abuse of anyone other than 'prisoners, children or the
elderly in care'. All cases of physical or
emotional abuse should be included.
These behaviours would be addressed through other
procedures, see page 8 - Exclusions and part 4 of
Whistleblowing Policy
Section 2 - Policy
Aims
(page 4)
In 2 e) support is offered to anyone the subject of a
complaint, there is no mention of support for those
making disclosures.
Agreed - policy amended
This is also covered by 2(a) to 2(d) paragraphs 5 and
9
No
No
n/a
n/a
Appendix 1, Part 2
(Page 13)
P13 final paragraph. This is built in ambiguity? You
will notnormally be given a copy of the report? If the
government is serious about transparency then surely
allowing the person making the disclosure sight of
any investigation report will allay any fears of cover-
ups. The sentence states that you will not
normally be given a copy, what circumstances
therefore would you be allowed to see a copy? This
whole paragraph should be rewritten to state either
that a) you will not be given a copy or b) outline
under what circumstances you will be able to see any
report.
Provision of full report will be on individual
circumstances - being prescriptive reduces flexibility
4/4
Yes
Yes
IOMG
Treasury
pages 17 & 19
the link to the Fraud Liaison Officers dated back to
2016 and included people who had died, never
mind those that had moved on.
Note - The links point to a document on the Intranet
which provides details of Fraud Liasion Officers, this is
not administered by OHR.
Internal Audit are in the process of updating the list
Responded by email
No
No
n/a
n/a
General
Response describes repondant's personal experience,
which includes personal documentation. Particulay
regarding the deletion of information:
"In particular, I have covered within my submission,
my personal experience of having lost
an unfair dismissal claim - which I believe was as a
result of my previous employer being able to delete
emails related to my whistleblowing and to my
removal from my job role.
Despite requesting the information on numerous
occasions - The Information Commissioner, Manx
Industrial Relations, the Financial Services uthority,
Tribunal panels and even a High Court were all
unable (or unwilling) to safeguard my rights as a data
subject and as a whistleblower.
As I say, I feel it is important that no whistleblower
should ever find themselves in the same situation as I
found myself - and I hope lessons can be learned
from my experience."
Responded by email
MU
Yes
MU
MU
Page 22
We have no particular comment to make on the policy
other than on page 22 where the cited Designated
Whistle Blowing Officer states ‘Risk And Compliance
Officer’.
This role no longer exists. Could it please be replaced
with Board Secretary and Governance Manager?
List amended
Responded by email
Yes
No
n/a
Home Affairs
General Comment
I am concerned that the whistleblowing policy and
procedures fails to sufficiently recognise the role of
whistle blowers. It seems that the protection that
they are offered is too limited and they are treated as
witnesses to wrong doing. I believe that their role is
more a kin to victims who have in someway
been negatively impacted upon by wrong doing of a
person or persons usually in a more senior and
influential position than they are.
paragraphs, 2,3,9 and 11 of the policy recognise the
need to encourage and support whistleblowers and
offer protection as far as the law provides.
4 / 4
Civil servants who behave badly reflect on the whole
public service and often”steal” or misuse tax payers
funds either directly or by putting organisations at risk
of litigation. Rules for civil servants are there to
protect the public and breaches of them should be
considered very seriously. If rehabilitation of a civil
servant is to be attempted the protection of the
whistleblower(s) must be paramount there should not
be a presumption that they return to their original
place of work or role and every effort must be made
to avoid re victimisation.
New section 2.6 added regarding normalisation of
workplace after the event.
I think the policy needs to be revisited to build in
additional safeguards for whistleblowers. They are
doing a public service and putting themselves at risk
for the greater good every effort should be made to
encourage whistleblowers to speak out.
The policy aims aims to ensure compliance with
existing legislation. The Department for Enterprise will
be consulting in due course on strengthening the
legislation which may include options for proactive
protection.
If there are any legislative changes in the future, the
Isle of Man Government Policy will be updated
accordingly.
paragraphs, 2,3,9 and 11 of the policy recognise the
need to encourage and support whistleblowers and
offer protection as far as the law provides.
In general, whistle-blowing actions are complicated
and have the capacity to totally undermine the
relationships and efficiency of the a work place
irrespective of the outcome. Indeed outcomes
themselves are seldom clear cut and whether or not
thresholds for further action disciplinary or under
capability procedures are reached such processes
seldom completely resolve the initially identified issue.
No
No
n/a
n/a
General Comment
The damage to relationships should not be
underestimated, however government should
generally be encouraging all staff of whatever grade
to raise issues where they are discovered. A system of
mediation, restorative justice and healing, needs to
be integral parts of the whistle-blowing process.
However to get managers to actively support staff
who want to engage in a whistle-blowing process can
be difficult when the subject of the
whistle-blowing accusation is often a colleague and/or
other senior staff member. It could be that
designated managers are external to the department
that the issue arises in reducing the likelihood of
actual or perceived bias.
Whilst I acknowledge and appreciate the review of
the Whistle blowing Policy and procedure i think more
work needs to be done in respect of the softer
issues relating to staff being encouraged to formally
criticise a colleagues performance or practice
A new section 2.6 added to cover normalistaion of the
workplace after the event
External Designated Officers is already provided for at
section 1.4
To be covered by Management Guidance
4/4
The Steering Group has identified some areas of the
Policy where we suggest that additional clarification
or information would improve the Policy further
and offer these for your consideration below:
Section 6 (d) -
Statutory Rights and
Obligations
(page 6)
We suggest that further explanation be provided
here as the statement appears to be a contradiction
to the principles of the Policy. Reference is made to
the Official Secrets Act prohibiting disclosure of
information.
All public servants are covered by the Official Secrets
Act and it is therefore suggested that the Policy
should explain these anomalies in greater detail and
provide alternative disclosure pathways in these
cases.
An example of an alternative pathway may be S24 of
the Financial Intelligence Unit Act 2016.
Not all public servants are.
Not appropriate for Whistleblowing Policy, but will be
included in FAQ document.
Policy amended included at Annex C
General Comment
There is the expectation in the overall Policy language
that the matter will quickly escalate to either a
criminal or disciplinary issue. An alternative
pathway for informally addressing concerns and
taking early remedial action may encourage staff to
engage at an earlier stage if they see something
happening that doesn’t look right.
Part 2, Section 2.1 amended to reflect this.
Informally addressed at 1.4, p10 also at 2.1, p11
Section 12 -
Anonymity
(page 8)
The Policy’s statement that confidentiality cannot be
guaranteed and that anonymity may be a barrier to
further investigation may act as a disincentive for
reporting. In particular the reference in Section 12
that ‘the raising of concerns anonymously is
discouraged’, it is suggested that having an
anonymous referring system reduces the risk of the
whistleblower being victimised in the future.
While it is acknowledged that this may not be possible
in all cases, and that managing expectations is
important, the Tynwald Select Committee report
notes that an investigation should be done on the
facts, not on the individuals concerned.
Embedding this principle in the Policy may identify
potential routes for confidentiality to be maintained,
or certain reports (such as those identifying issues
with processes rather than individuals) to be made
anonymously, for example via a portal where
sufficient details may be
obtained from the anonymous reporter to enable the
allegation can be investigated thoroughly without the
reporter needing to be involved again.
Noted but annonyminity does bring limitations.
To be included in FAQ document
Yes
Yes
IOMG
Crown & External
Relations
General Comment
A Policy that provides proactive protections for
whistleblowers before they have suffered detriment
(such as victimisation, harassment or dismissal) is
likely to be viewed as more encouraging than one
which provides remedies for after the event.
The Policy could investigate alternative Isle of Man
Government specific measures to protect
Whistleblowers before they either experience
victimisation or harassment or have to resort to an
unfair dismissal claim.
Proactive protections could identify whistleblower.
Policy is there to address detriment.
The policy aims to ensure compliance with existing
legislation. DfE will be consulting in due course on
strenghtening the legislation which may include
options for pro-active protection. If IOMG policy
offered protection that does not exist in law it may
lead to whistleblowers assuming a level of protection
which does not legally exist
4/4
Providing incentives for whistleblowers is a measure
that has been adopted in other jurisdictions and may
be an avenue for
consideration in the Isle of Man (for example see the
US - https://www.sec.gov/whistleblower ).
Being rewarded for blowing the whistle goes against
the ethos of the policy.UK Public Interest
Disclosure(Protection) Bill currently at the Committee
stage prohibits financial reward for making a
protected disclosure.
Whistleblowing is far more reaching than financial
irregularities.
General Comment
Individuals who are unsure of whether to report are
advised to ‘use their judgement’, or to seek advice
from a designated officer, drawn from senior
members of the organisation. This may potentially act
as a disincentive for junior staff, or those already
unsure about whether to report.
It is suggested that additional clarity should be
provided in the Policy, perhaps by way of a ‘yes / no’
algorithm, and a more accessible pathway for
establishing if a concern fits within the parameters of
the Policy.
Part 1 and Annex C of the policy offer numerous
sources of advice.
Issues which can be raised are explained in
paragraph 7 of the policy and reflect the legal
position.
General Comment
A further potential consideration is that there may an
issue where the designated officer for that
department is the person, or one of the people who is
suspected of wrongdoing. Would there be an option
to speak to a designated officer from another
department to give advice, or could this advice be
received anonymously?
Policy provides for this at p10, 1.4
General Comment
An additional section to the Policy that the Steering
Group would welcome is one which makes provision
for normalising the environment, or supporting
members of a team that has been subject to a
disclosure, after the event.
This should include guidance for how learning or
improved practice can be embedded following the
Whistleblowing process.
New section at part 2, 2.6 - normalising the work
environment following a whistleblowing investigation.
Appendix 1, Part 4 -
Relationship with
other procedures
(page 17)
On Page 17 Part Four the reference is made to the
‘Isle of Man Constabulary Financial Crime Unit’ – this
should read ‘Economic Crime Unit’.
Policy amended
Annex C - Legislation
Relevant to Protected
Disclosures
(Page 21)
On Page 21, Annex C, suggest that the Financial
Intelligence Unit Act is added as confidential
disclosures in relation to any concerns can be made
under S24 of the Act.
Suggest that the FIU is also mentioned as a potential
reporting avenue on Page 17, Part Four.
Policy amended
Include in final draft. FIU is a prescribed person
General Comment
There is no mechanism within the policy for
addressing a situation where a prescribed person fails
to act.
In respect to a complaint (now closed - but reflected
on the Commissioner's website) from a whistleblower
concerning the fact that a data controller was failing
to responding in full to the whistleblower's Subject
Access Request, the Information Commissioner
stated:
· His investigation could only consider what data
existed at the time (i.e. he would not hold the data
controller accountable for having deleted personal
data in order to avoid having to disclose it).
· He had accepted the data controller’s actions in only
providing personal data that had been stored on their
email servers (i.e. he would not hold them
accountable for failing to provide meeting minutes,
file notes, or voice recordings.
· He also determined that certain emails would not
have to be provided to the data subject as they did
not contain personal data – this despite him not
having seen them, and the data controller saying they
didn’t exist.
Unless the Information Commissioner states that he
will, in future, hold data controllers to the GDPR
principle of accountability (in accordance with
Applied GDPR Article 5(2)) I would question whether
it is appropriate for him to hold the position of a
Prescribed Person.
Tynwald resolved that the Tynwald Auditor General
would fulfil this role overseeing the effective
management of Whistleblowing concerns.
General Comment
On 17 October 2016, the Information Commissioner
was emailed by a whistleblower who said that his
former employer was withholding personal data from
him in respect of them changing his job role in May
2016 - as a direct result of him having blown the
whistle. The fact that the concern qualified as a
formal disclosure, and the Information Commissioner
is a Prescribed Person meant that the whistleblower
could have expected him to take action in respect of
the whistleblower's concern.
He took no action at the time - however he later told
the Data Protection Tribunal (in 2020) that it would
be wrong for the Tribunal to order him to re-
investigate the whistleblower's 2018 complaint as too
much time had passed... In other words, because he
had failed to act in 2016 he should be excused by the
Tribunal for not conducting a proper investigation in
2018.
The Policy states that it is a fundamental principle
that whistleblowers should be protected from
harassment or victimisation - so where that has
happened, the whistleblower should be able to rely on
a Prescribed Person to ensure the perpetrator is held
to account. If that Prescribed Person then
fails in their duty to protect the whistleblower – there
needs to be a suitable safeguard in place to support
the whistleblower.
IOMG/Policy is committed to protecting the
whistleblower from detriment. Department Polices
and Procedures are in place such as
FAW/Grievance/Discipline. Whistleblower can seek
support from Union/OHR/Management/Staff Welfare.
Appendix A - Sources
of Advice &
Information
(page 18)
Annex A to the Policy: Sources of Advice and
Information states that “Any discussions held with
MIRS are Confidential”. That is an incorrect
statement.
In 2016, an Employment Tribunal decision criticised
the actions of MIRS (Claim ET16/54) and they
therefore took action to support the losing side in
appealing the decision (taking the role of
"intervenor").
It is a matter of court record that, during the appeal
hearing, MIRS's evidence to the High Court included
details of "confidential" conversations they had had
with the whistleblower. the wording should therefore
be removed or corrected.
Decisions are confidential unless a crime has been
committed or will be committed.
General Comment
I believe it should be a requirement that Industrial
Relations Officers MUST ensure a whistleblower has
received legal advice before they are able to
“sign-off” on a compromise agreement between the
whistleblower and their employer.
The policy aims to ensure compliance with the
existing legislation
Unknown
No
n/a
n/a
General Comment
The updated policy appears clearer in terms of
definition of whistleblowing and the incorporation of
public interest disclosure test is very useful.
This should provide clarity when issues of fairness at
work or grievance are more appropriate to follow.
Noted
2/4
Yes
Yes
IOMG
DOI
General Comment
The Department acknowledges the importance of and
fully supports the principle that interests of public
concern are raised and that Public Servants are held
to account.
The Department remains of the view that this
important principle has to be addressed in a manner
that is fair, supportive and mindful of service delivery
priorities.
The Department considers that the possible creation
of an Isle of Man Concerns at Work service to provide
oversight for the whole Island seems to be quite a
significant and costly operational area, to add to the
scope of Government and would question if this may
already be covered by other areas such as Internal
Audit and the Manx Industrial Relations Service.
Noted. The Concerns at Work Service proposal will be
consulted on by DfE/CABO in due course. In the
meantime Tynwald Auditor General will take on a
monitoring role.
Responded by email
Section 5 -
Government’s
Expectation and
Commitment to
Action (page 5)
Re: "The Government Commits to:"
This should also include 'taking appropriate
disciplinary action against any employees seeking to
victimise or subject whistleblowers to any detriment
because of the disclosure
5(d) already covers this
There has to be an investigation before any
disciplinary action can be taken
Section 7 - Protected
Disclosures (Page 6)
Re: d) "a danger to the health or safety of any
individual"
add "or groups of individuals"
Policy amended
Section 7 - Protected
Disclosures (Page 6)
list should also include "abuse of power"
Abuse of Power is not a protected disclosure.
Abuse of power covered by FAW / Grievance
Section 7 - Protected
Disclosures - para 3
(Page 6)
Re: reasonable belief at time of disclosure:
I'm not sure how someone could demonstrate this -
as written this could prevent employees making
relevant disclosures. It may be better to turn this
around and state elsewhere in the policy that where it
is believed that a false disclosure has been made
maliciously, this will be handled in line with the
relevent disciplinary policy
Reasonable belief would be confirmed at interview
Language used reflects that of other whistleblowing
policies
Section 8 -Examples
of Protected
Disclosures (page 6)
schools should have safeguarding policies and
procedures in place, and these should be used to
report concerns rather than the whistleblowing policy,
at least in the first instance.
examples at 8 ( c ) go beyond safeguarding issues
Agreed safeguarding polices come first or
concurrently
No
Yes
NASUWT
n/a
Section 8 -Examples
of Protected
Disclosures (page 6)
Re: h) a breach of the Government Financial
Regulations:
is this not the same as a) and b)?
Financial Regs cover more than a) and b)
Responded by email
Section 8 -Examples
of Protected
Disclosures (page 6)
Re i) payment in exchange for awarding contracts
and/or offering, taking or solciting bribes:
is this elaborated on elsewhere? i.e. what constitutes
a bribe or payment? for example, it is not unusual for
teachers to receive gifts/vouchers from parents/pupils
and these should not be considered a bribe.
Financial Regs provide guidance in respect of gifts (
FDA3 / FDA4 & FPN AO.2)
Section 7, protected disclosures makes no mention of
bribes
Part 4: relationship with other procedures -
misconduct refers to financial impropriety.
Section 9 - Protection
against detriment and
dismissal (page 7)
this needs to be stronger - should be clear that the
Government will not tolerate victimisation and will
take appropriate steps. It appears rather weak as
written.
The existing wording reflects legal position
This is made clearer at appendix 1, 1.1 - principles
Appendix 1 - 1.1 -
Principles (page 9)
A reference to the employee obtaining advice from
their trade union or professional association prior to
making a disclosure would be welcome. Likewise for
contacting Protect - the whistleblowing charity
Mentioned at Annex A sources of advice and
information.
Appendix 1 - 1.2 -
Describing your
concerns - last para
(page 9)
The last sentence implies that the purpose of the
policy is to address negative impacts on government,
rather than addressing issues in the workplace
Policy amended
Appendix 1 - 1.4 -
Reporting your
concerns - para 5
(page 9)
"You are discouraged from approaching the media or
politicians, as doing so may hamper an objective
investigation if the matter extends into the public
domain."
Change to "Strongly Discouraged"
Policy amended
Appendix 1 - 1.4 -
Reporting your
concerns - para 5
(page 9)
add "you are strongly urged to take advice from your
trade union or Protect - the whistleblowing charity
before making a disclosure to the media."
This is addressed at Appendix 1, 1.2
Advice of designated manager can be sought. Annex
A gives sources of advice
any investigation should be only be undertaken by
suitably trained investigators who have had no prior
involvement in the case.
Noted - section 2.3 amended
Appendix 1 - 2.3 -
Investigation - last
para of 2.3
(page 12)
a flow chart would be helpful here.
Will be included in guidance
Full Response Text
Updated Whistleblowing Policy (2021) Consultation Comments / Responses
Gov
Employee
Responding on
behalf of an
Organisation
Organisation
name (if
response on
behalf of)
Department (if
within
Government)
Section Number
Whistleblowing: Comments
OHR Comments
Number of questions
answered
Yes
No
Not Specified
DOI
The whistleblowing policy should apply to MHKs and
MLCs as well. If a Minister of a Department lies to
Tynwald, is this captured by this whistleblowing
policy? Can an employee of that Department
whistleblow against the Minister to reveal that they
have outright lied to avoid negative publicity?
Para 4(b) covers this point
4/4
Yes
No
Not Specified
DOI
It is good to see a clear distinction between what is
and what is not covered, together with guidance of
which other procedures should apply.
It would be useful to see where smoking in a building
/ department vehicle falls between illegal
(whistleblowing) and breaking rules (Fairness at work
/ grievance). This has been the most common issue I
have had to deal with
Where a legal obligation is breached, the
Whisltleblowing Policy can be applied.
4/4
Unknown
No
Not Specified
Not Specified
Could the protected disclosure 'danger to health' to an
employee include mental health? Eg If a certain
manager caused several employees to suffer from
stress/depression because of their inappropriate
behaviour
Whilst inappropriate behaviour of a manager could
constitute a danger to health and be covered by the
policy, it is more appropriate for inappropriate
behaviour to be managed either via the Fairness at
Work Policy or via disciplinary procedures.
4/4
Unknown
No
Not Specified
Not Specified
Seems a colossal waste of time and energy on
revising and extending something that is already in
place. I am not aware of any issues that have been
caused or raised with the current policy.
A Select Committee of Tynwald recommended that
the policy be revised and Tynwald approved the
recommendation.
2/4
Section 8 -Examples
of Protected
Disclosures (page 6)
c) physical and emotional abuse of prisoners, children
or the elderly in care
Wouldn't this be better worded to say 'vulnerable
children and adults in care, including day care'? I
know this is just an example, but this example is too
narrow and people may read this to mean they won't
be covered by the policy if they make a disclosure
concerning an adult with learning disabilities in care
or day care, which may put them off making a
disclosure.
Policy amended as suggested to "vulnerable children
and adults in care, including day care"
Section 11 -
Confidentiality
(page 7)
Why does the whistleblower have to request their
identity be kept confidential?
FROM THE POLICY: "Wherever possible, and where
requested, the identity of a whistleblower will be kept
confidential for as long as they so wish or until such
time as there is an overriding reason why identity
should be disclosed."
Surely their identity should be kept confidential as
standard, with a warning here in the policy that it
may disclosed at their request or if there is an
overriding reason why their identity should be
disclosed.
Wording added here with some examples of what an
overriding reason may be would be helpful too. This
would help the Anonymity section be accepted more
readily if the Confidentiality section was worded
better.
Whistleblowers frequently have no objection to their
identity being known. By requiring those that do not
to request confidentiality, ensures that the
Designated Manager understands this from the outset
and progress the case accordingly.
Examples of overriding reasons are given in the third
para of Section 11.
Yes
No
Not Specified
DOI
n/a
No feedback provided
4/4
n/a
n/a
n/a
n/a
n/a
n/a
Response # 7 removed from consultation at request
of respondent
n/a
unknown
No
Not Specified
Not Specified
General
Well-being and safety of the whistleblower needs to
be guarantee in order to protect and encourage
reporting.
In an island this small, there is significant fear in staff
to whistle blow. Staff who whistle blow frequently met
with lack of independent investigation, no action
being taken, including the whistleblower, instead they
are met with hostility of the organisation/ employer
whom they are reporting concerns against.
There are also incidence whereby the whistle blower
ended up leaving the job as a result of incrimination
and no longer able to take up other
employment fairly due to ‘damaging reports’ towards
the whistle blower.
The revised policy includes a series of commitments
at Section 5, which Government expects all
employees to follow. If there are cases where those
commitments are not followed, procedures exist (e.g.
discipline) to deal with them.
3/4
Yes
Yes
IOMG
DOI
n/a
No feedback provided
2/4
Yes
No
Not Specified
DESC
n/a
No feedback provided
3/4
No
Yes
CABO
Not Specified
4/4
Title Page
Suggest using images which empower the person 'on
the shop floor'; give the impression that management
are keen to listen and which dispel negative
connotations around concept of whistleblowing.
I can see that the people looking upwards gives the
impression that 'management' are listening.
But does it increase the feeling that management are
a long way away? Can't see relevance of a bank note.
Maybe have a shot of manager (looking happy and
open) listening to an officer?
Agree that images on title page should be updated
The committment to provide feedback to the
whistleblower is covered by 2(b) and part two (2.5),
but agree to add a new 5(h) confirming that the
whistlebower will be notified of the outcome of the
investigation. On Page
7, Section 8, agree to replace first sentence with
"Concerns which should be raised under this policy,
and the list is not exhaustive, are where any of the
following has, may be or is likley to happen"
Section 2 - Policy
Aims
(Page 4)
Policy aims are very positive and reflect govt's
commitment to supporting a whistleblower, if they're
dissatisfied with responses received and also support
to the employee about whom the concern is raised.
Good, clear explanation of what whistleblowing
actually is.
Noted
Section 5 -
Government’s
Expectation and
Commitment to
Action (page 5)
I like the outlining of employees' / govt's
commitments.
Do we need something under ' the Govt commits to...'
section which states that Govt commits to feeding
back to the whistleblower the outcome of any
investigation regarding the concern which they raised
in the first place?
Agreed - Section 5 amended to include point (h)
stating this
Section 8 -Examples
of Protected
Disclosures (page 6)
I think we need a clearer explanation that the list is
not finite. By saying 'may be reported' makes it sound
like these are the only things which may be
reported.
Section 8 states that list is not exhaustive
Appendix 1
Section 1.2
Describing your
concerns
(Page 9)
para 2 – insert 'from a designated'
End of item 1.2 – I think it's better to say that the
earlier something is raised, the more the public can
be protected, rather than 'negative impact on Govt'!
Agreed - policy amended
Appendix 1
Section 1.4
Reportimng your
concerns
(Page 10)
If allegations are made to these various people eg
Audit Advisory, PSC etc.....do we have a pathway in
place for these allegations to be collated and sent
somewhere in the short term? Later, it's explained
that they will go to the PSC but I think we need
assurance at this point too.
Addressed at 3.7 in policy, will be made clear in
rollout of revised policy.
Appendix 1
Part 4 - Relationship
with other procedures
(Page 17)
I like the explanation of other Procedures – useful.
Noted
Yes
No
Not Specified
MLC
4/4
Annex A
(Page 18)
I think we need to make clear here that Treasury
Audit Advisory can give advice to staff from any
department. Some people might think they
only deal with financial matters.
Footnote added in policy
Annex B - Definitions
and Glossary
(page 19)
Glossary of Terms – very useful.
No
No
Not Specified
Not Specified
General
I don't trust the fox to police the foxes.
Comment noted. However, as agreed by Tynwald, the
Tynwald Auditor General will monitor compliance .
4/4
Section 5 -
Government’s
Expectation and
Commitment to
Action (page 5)
Under "the Government Commits to:"
"b) investigating instances of alleged wrongdoing and
assisting police and other appropriate authorities in
any subsequent action;"
amend to read as
b) investigating instances of alleged wrongdoing in
accordance with the relevant procedure and
assisting police and other appropriate authorities in
any subsequent action;
Policy amended
Section 5 -
Government’s
Expectation and
Commitment to
Action (page 5)
"Re c) taking action against any employees involved
in wrongdoing;"
Required "action" should be not be committed
to in this procedure but rather should be simply
considered as appropriate.
It would be better to commit to following
appropriate procedures.
Section 5 lays out commitment.
The commitment to take action is clear, as to the
extent of the action, this will depend on individual
circumstances.
Section 6 - Statutory
Rights and
Obligations
(page 6)
"d) Disclosure of information by an employee is not a
qualifying disclosure if in making it he or she commits
an offence (e.g. if the disclosure is prohibited under
official secrets legislation)."
Presumably those who operate under such
legislation are aware of it within that. I think it
would be better to leave it as referred to within
the legislation which prohibits it as inclusion
here may serve to discourage good faith
disclosures through nervousness about the
legislative position
Individuals are encouraged to take advice from
various sources - see Annex C.
Wording of section 6 is in line with other public sector
Whistleblowing Policies
Appendix 1
(page 9)
We would hope to see a commitment to
equality principles throughout this procedure
and scope for reasonable adjustments to be
made throughout wherever appropriate.
Section 5 P5 to be amended to reflect this
Appendix 1
Section 1.2 -
Describing your
concerns
(page 9)
"If in any doubt, you can seek advice a designated
whistleblowing officer (Annex D)."
Please add, "or from your trade union"
Policy amended
Appendix 1
Section 1.2 -
Describing your
concerns
(page 9)
"You may discuss your concern with a work colleague,
who may also have knowledge of the matters you
wish to raise, and you may consider making a joint
disclosure. The earlier you express your concerns, the
easier it will be to take action and to minimise any
negative impact on the Government."
This implies that negative impact on the
government is the main priority. The language
could be improved to make clear that the aim is
to avoid any negative impact on any parties
Policy amended
Appendix 1
Section 1.4 -
Reporting your
concerns
(page 10)
"a) Designated Whistleblowing Officer within your
Department, Division, Board or Office (See Annex
D);"
Please add "some other person to whom it is
reasonable to disclose"
Policy advises prescribed person
Appendix 1
Section 1.4 -
Reporting your
concerns
(page 10)
"If your concerns are made in good faith but cannot
be confirmed by an investigation, no action will be
taken against you. However, if you raise a matter you
know to be false and/or where you commit or attempt
to commit a criminal offence contrary to the
Employment Act 2006 , the Official Secrets Act 1911
(an Act of Parliament) or the Bribery Act 2013,
appropriate action may be taken against you."
Amend last sentence to read as:
"may be investigated in accordance with the
relevant policy or procedure"
Wording is "definitive action", softened with the word
"appropriate".
"At all stages of the formal procedure you have the
right, if you so wish, to be accompanied by a trade
union/professional association representative or a
work colleague."
Please can timescales be provided to make
clear that additional time will be available to
accommodate this.
Prescriptive timescales can limit flexibility. As soon as
practicable. See section 2.4 and 3.3
Existing wording gives greater flexibility. Each case
has to be considered on its merits.
N/A
Association of
School and
College Leaders
Responded by email
Appendix 1
Section 2.2 - Formal
Yes
No
A standard minimum benchmark would be at
least 5 days notice of the original meeting,
with an additional up to 5 days to
accommodate TU companion availability
Policy amended.
Additional wording at 2.2 regarding meetings
Appendix 1
Section 2.2 - Formal
Disclosure
(page 11)
"You will be reassured about protection from possible
reprisals or victimisation and you will also be asked
whether or not you wish to make a formal statement.
In either case, a brief summary of the interview will
be recorded, which will be agreed by both you and
the Designated Manager and a copy given to you for
your records."
In writing? Audio? How quickly will this be
made available
Reassurance will be given verbally and then in writing
as per policy - Appendix 1, Section 2.2
Within 10 working days as per 2.4
Appendix 1
Section 3.1 -
Introduction
(page 14)
"The Designated Manager has overall responsibility
for the management of a disclosure and in particular,
must:"
Please add "inform the employee of their right
to be accompanied by a TU representative at all
stages"
Right to be accompanied included at 2.2
Sections 3.1 outline role of designated manager
amended to include Trade Union representation
No
No
n/a
n/a
General Comment
What about the Private Sector?
Whistlebowing legislation applies equally to private
sector as to public sector. This policy is for
Government employers/employees. Private sector
employers are responsible for their own policies.
4/4
The aim to ENCOURAGE whistleblowing (2a) as a way
of 'putting organisations on notice of risk' (3) does not
match the commitments which are about the
protection of the whistleblower and actions to be
taken following whistleblowing. There is no indication
of how whistleblowers will be 'strongly
encouraged' (3) to come forward.
The policy specifically encourages whistleblowing
within the policy aims and principles on page 4
Disclosure
(page 11)
The updated policy and procedure does NOT include
provision for encouraging whistleblowers to come
forward.
The policy outlines what steps will be taken to
support whistle blower.
It is hoped that the simplification of wording and
intended flow chart at the back of the policy will make
it easier for individuals to follow and thus encourage
whistleblowers to come forward.
Section 8 -Examples
of Protected
Disclosures (page 6)
Section 8 does not include physical or emotional
abuse of anyone other than 'prisoners, children or the
elderly in care'. All cases of physical or
emotional abuse should be include
[Response truncated — full text is 42,293 characters]