The Public Interest Disclosure (Prescribed Persons) (Amendment) Order 2025
This Order modifies the Public Interest Disclosure (Prescribed Persons) Order 2014 to extend whistleblower protection to individuals disclosing information about sanctions-related activities undertaken by the Secretaries of State for Business and Trade, Transport, and the Treasury.
This expansion ensures greater accountability and transparency within the government's sanctions regime.
Arguments For
Extending Whistleblower Protection: The amendment broadens the scope of whistleblower protections under the Employment Rights Act 1996 to encompass sanctions-related activities. This aims to enhance transparency and accountability within government.
Strengthening Governance in Sanctions: By including sanctions-related functions, the amendment seeks to improve oversight and reduce the potential for misconduct or abuse in the implementation of sanctions.
Alignment with International Standards: Expanding whistleblower protections in this area could align the UK's practices with international best practices for transparent and accountable sanctions regimes.
Legal Basis in Employment Rights Act 1996: The amendment is explicitly based on the powers granted under section 43F of the Employment Rights Act 1996, providing a clear legal foundation for the changes.
Arguments Against
Unintended Consequences: Expanding the scope of whistleblower protections might lead to an increased number of disclosures, potentially overwhelming investigative capacity and creating resource constraints.
Potential for Misuse: There is a risk that the broadened protection could be misused for malicious purposes, leading to baseless accusations and harming individuals and organizations.
Implementation Challenges: Ensuring effective implementation and investigation of disclosures relating to complex sanctions regimes requires sufficient resources and expertise.
Impact on National Security: Some disclosures related to sanctions might involve sensitive national security information. Balancing whistleblower protections with national security concerns requires careful consideration.
- Citation, commencement and extent (1) This Order may be cited as the Public Interest Disclosure (Prescribed Persons) (Amendment) Order 2025. (2) This Order comes into force on 26th June 2025. (3) This Order extends to England and Wales and Scotland.
This section establishes the Order's official title, effective date (June 26th, 2025), and its geographical application across England, Wales, and Scotland.
- Amendments to the Public Interest Disclosure (Prescribed Persons) Order 2014 In the Schedule to the Public Interest Disclosure (Prescribed Persons) Order 2014— (a) in the entry relating to the Secretary of State for Business and Trade, in the second column, after paragraph (b) insert— “; and (ba) the Secretary of State’s functions in relation to trade sanctions in sanctions regulations made under section 1 of the Sanctions and Anti-Money Laundering Act 2018.”; (b) in the entry relating to the Secretary of State for Transport, in the second column— (i) after paragraph (b) omit “and”; (ii) after paragraph (c) insert— “; and (d) the Secretary of State’s functions in relation to aircraft and shipping sanctions in sanctions regulations made under section 1 of the Sanctions and Anti-Money Laundering Act 2018.”; and (c) at the appropriate place insert— “The Treasury The Treasury’s functions in relation to— (a) sanctions regulations made under section 1 of the Sanctions and Anti-Money Laundering Act 2018; (b) the financial sanctions legislation listed in section 143(4)(a) to (e) of the Policing and Crime Act 2017; and (c) Part 8 of the Policing and Crime Act 2017.”.
This section details specific amendments to the 2014 Public Interest Disclosure Order.
It adds the Secretaries of State for Business and Trade, and Transport's sanctions-related functions, and the Treasury's related functions, to the list of prescribed persons and matters covered by whistleblower protections.
These additions specifically reference relevant sections of the Sanctions and Anti-Money Laundering Act 2018 and the Policing and Crime Act 2017.
Explanatory Note (This note is not part of the Order) This Order amends the Schedule to the Public Interest Disclosure (Prescribed Persons) Order 2014 (the “2014 Order”). The Employment Rights Act 1996 (the “1996 Act”) provides protection for workers who suffer a detriment or are dismissed as a result of whistleblowing by making a qualifying disclosure within the meaning of section 43B of the 1996 Act in accordance with any of sections 43C to 43H of that Act. Section 43F of the 1996 Act provides that a worker will be protected by the 1996 Act if he or she makes a qualifying disclosure to a person prescribed in the 2014 Order reasonably believing that the failure disclosed falls within the matters in respect of which that person is prescribed and that the information disclosed, and any allegation contained in it, are substantially true. The Schedule to the 2014 Order lists the prescribed persons and the matters in respect of which they are prescribed for the purposes of section 43F. This Order amends the Schedule to the 2014 Order to prescribe matters in respect of which the Secretary of State for Business and Trade, the Secretary of State for Transport and the Treasury are prescribed persons. The newly prescribed matters concern the sanctions-related functions of these prescribed persons. A full impact assessment has not been produced for this Order as no, or no significant, impact on the private, voluntary or public sector is foreseen.
The explanatory note provides background information, explaining that the Order amends the 2014 Order to extend whistleblower protections.
It clarifies the legal basis for this amendment within the context of the Employment Rights Act 1996 and states that a full impact assessment wasn't deemed necessary due to the anticipated lack of significant impact on various sectors.
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