To ask the Scottish Executive what steps it has taken to provide guidance on whistle-blowing in the NHS and other public services.
In the NHS, the Staff Governance Standard commits NHSScotland employers to ensuring that all staff are treated fairly and consistently and that the minimum standards as described in the Partnership Information Network (PIN) policy guidelines are met or exceeded. These guidelines are currently being reviewed to ensure they are up-to-date with current legislation and common practice.
Within the Dealing with Employee Concerns PIN all employees have a fundamental right to raise issues of concern with their manager, to be accompanied by a trade union/professional organisation representative or colleague if they so wish, and to appeal to a higher level if they feel the issue has not been resolved satisfactorily.
The PIN policy is clear that harassment and victimisation of any member of staff who raises a concern will not be tolerated and will be treated as a serious disciplinary offence which will be dealt with under the management of conduct arrangements.
If it becomes apparent that there are problems with an NHS board in relation to the implementation of the PIN policies it would be expected that the trade unions and professional organisations would raise the matter through their local partnership processes.
In local government, employment law is a reserved matter and guidance on whistle blowing can be found on the UK Government''s Directgov website www.direct.gov.uk. As independent corporate bodies it is for each local authority in Scotland to decide what guidance it provides to employees on the subject of whistle blowing.
In Scottish Government, the Public Interest Disclosure Act 1998 enables staff who blow the whistle about any of the instances of wrongdoing, set out in the act, to complain to an employment tribunal if they suffer any form of detriment for doing so or in the case of a dismissal.
Alongside the provisions of the Public Interest Disclosure Act 1998, staff have the protections set out in the Civil Service Code. Paragraphs 15 -18 of the Civil Service Code specifically describes the process that should be undertaken if a member of staff is required to act in a way which conflicts with this code. The code states that the concerns of staff must be considered by their department and the department must ensure that the member of staff is not penalised for raising the concerns. This process also covers raising concerns about the actions of others.