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Public Interest Disclosure Act 1998
The Public Interest Disclosure Act 1998 (c.23) is an Act of the Parliament of the United Kingdom that protects whistleblowers from detrimental treatment by their employer. Influenced by various financial scandals and accidents, along with the report of the Committee on Standards in Public Life, the bill was introduced to Parliament by Richard Shepherd and given government support, on the condition that it become an amendment to the Employment Rights Act 1996. After receiving the Royal Assent on 2 July 1998, the Act came into force on 2 July 1999. It protects employees who make disclosures of certain types of information, including evidence of illegal activity or damage to the environment, from retribution from their employers, such as dismissal or being passed over for promotion. In cases where such retribution takes place the employee may bring a case before an employment tribunal, which can award compensation.
As a result of the Act, many more employers have instituted internal whistleblowing procedures, although only 38 percent of individuals surveyed worked for a company with such procedures in place . The Act has been criticised for failing to force employers to institute such a policy, containing no provisions preventing the "blacklisting" of employees who make such disclosures, and failing to protect the employee from libel proceedings should his allegation turn out to be false.
==Background==
Prior to the 1998 Act, whistleblowers in the United Kingdom had no protection against being dismissed by their employer. Although they could avoid being sued for breach of confidence thanks to a public interest defence, this did not prevent subtle or open victimisation in the workplace, including disciplinary action, dismissal,〔Gunasekara (2003) p.43〕 failure to gain promotion or a pay rise. During the early to mid-1990s, interest in whistleblower protection grew, partially because of a series of financial scandals and health and safety accidents, which investigations into showed could have been prevented if employees had been permitted to voice their concerns,〔Gunasekara (2003) p.41〕 and partially because of the work of the Committee on Standards in Public Life.〔Lewis (1998) p.325〕 In 1995 and 1996, two private member's bills dealing with whistleblowers were introduced to Parliament, by Tony Wright and Don Touhig respectively, but both efforts fell through. When Richard Shepherd proposed a similar bill, however, he got government support for it on the condition that it be an amendment to the Employment Rights Act 1996 rather than a new area of law in its own right.〔Lewis (2005) p.239〕 Public Concern at Work, a UK-based whistleblowers charity, was involved in the drafting and consultation stages of the bill.〔Calland and Dehn (eds) (2004) Whistleblowing Around the World: Law, Culture and Practice, ODAC, PCaW and the British Council, p. 105〕 The case of Graham Pink added to the pressure to introduce whistleblower protection legislation.
The Public Interest Disclosure Bill was introduced to the House of Commons by Shepherd in 1997, and given its second reading on 12 December before being sent to a committee.〔(【引用サイトリンク】title=PUBLIC INTEREST DISCLOSURE BILL (Hansard, 12 December 1997) )〕 After being passed by the Commons it moved to the House of Lords on 27 April 1998,〔(【引用サイトリンク】title=Public Interest Disclosure Bill (Hansard, 27 April 1998) )〕 and was passed on 29 June,〔(【引用サイトリンク】title=Public Interest Disclosure Bill (Hansard, 29 June 1998) )〕 receiving the Royal Assent on 2 July and becoming the Public Interest Disclosure Act 1998.〔(【引用サイトリンク】title=Public Interest Disclosure Act 1998 )〕 Originally scheduled to come into force on 1 January 1999,〔 the Act instead became applicable law on 2 July.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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