Activities of Pascal DURAND related to 2016/2224(INI)
Legal basis opinions (0)
Amendments (33)
Amendment 24 #
Motion for a resolution
Recital C
Recital C
C. whereas whistleblowers play an important role in reporting unlawful or improper conduct which underminesand exposing information in the public interest;
Amendment 28 #
Motion for a resolution
Recital D
Recital D
D. whereas a number of publicised whistleblowing cases have shown that whistleblowing brings serious wrongdoinginformation of public interest such as unlawful or improper conduct to the attention of the public and of political authorities; whereas such wrongdoingsconduct haves therefore been subject to corrective measures;
Amendment 37 #
Motion for a resolution
Recital F
Recital F
F. whereas, in a number of cases, whistleblowers are subject to retaliatory action, intimidation and pressure with the intention of preventing or deterring them from whistleblowing or punishing them for having done so, whereas such pressure is particularly often exercised in the workplace where whistleblowers who have discovered information in the public interest in the context their working relationship may find themselves in a weaker position vis-à-vis employers;
Amendment 44 #
Motion for a resolution
Recital G
Recital G
G. whereas the protection of whistleblowers is not guaranteed in a number of Member States, while many others have introduced advanced programmes tohat offer different degrees of protect themion; whereas the result of that is fragmented protection of whistleblowers in Europe, which makes it difficult for them to find out their rights and how to whistleblow, and creates legal insecurity in cross-border scenarios;
Amendment 60 #
Motion for a resolution
Recital I
Recital I
I. whereas Parliament has repeatedly called for the horizontal protection of whistleblowers in the EU;
Amendment 73 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
Amendment 74 #
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Notes the high number of whistleblowing cases in workplace context, considers that next to the protection of the public interest and the rule of law, the protection of workers is an important goal of horizontal whistleblower legislation, which could be reflected in the legal basis of the future Commission proposal; considers however that whistleblowers should also be protected in cases that fall outside employer-employee relationships, including the self-employed, entrepreneurs, freelancers, consultants, temporary workers, interns, lawyers, board members, volunteers or people involved in an ongoing recruitment process;
Amendment 80 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Takes ‘whistleblower’ to mean anybody who reports on or reveals information on an unlawful or wrongful act or an act which undermines the public interest,in the public interest, including the European public interest, such as an unlawful or wrongful act which is or may be prejudicial to the public interest or information whose publication appears necessary in order to protect the public interest, irrespective of how the person concerned obtained the information in question; emphasises that this should include, but not be confined to, reporting in the context of his or her present or past working relationship, be it in the public or private sector, of a contractual relationship, or of his or her trade union or association activities;
Amendment 89 #
3. Considers that a breach of the public interest includes, but is not limited to, acts of corruption, conflicts of interest, unlawful usemismanagement of public funds, threats to the environment, health, public safety, national security and privacy and personal data protection, tax avoidance, attacks on consumers' and workers’ rights and other social rights, andbuses of power, attacks on human rights and fundamental freedoms and any act intended to conceal a breach of the public interest;
Amendment 98 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Emphasises that it must be possible to disclose information concerning the acts referred to in the previous paragraph even if the confidential nature of that information is safeguarded by a legal provision;
Amendment 104 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that the role of whistleblowers in revealing serious attacks on the public interest has proved its significance on many occasions over a number of years and that whistleblowers have proved to be a crucial resource for investigative journalism and for an independent press; points out that guaranteeing the confidentiality of sources is fundamental to freedom of the press;
Amendment 110 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes with concernDeplores the fact that whistleblowers continue to be subject to civil and criminal proceedings in a number of Member States, while the existing means to defend, support and protect them are absent, insufficient or ineffective; notes that, in addition, the disparities between Member States lead to legal insecurity, forum shopping by companies involved in unethical practices and the risk of unequal treatment;
Amendment 120 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that one of the barriers to whistleblowers’ activities is the absence of clearly identified means of reporting; stresses that the absence of clearly identified means of reporting and the failure to follow up reports; stresses that this causes a number of whistleblowers to remain silent; expresses its concern about the retaliation and pressures which whistleblowers face when they address the guilty person or party in their organisation;
Amendment 125 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that the credibility and validity of a report must be able to be assessed in part on the way in which it was made; bBelieves that it is necessary to establish a coherent system which enables reports to be delivered both inside and outside the organisation;
Amendment 132 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to study a tiered system enabling whistleblowing inside and outside the organisation; stresses that, to do so, clear procedures should be established; bBelieves that employers should be encouraged to introduce internal reporting procedures and that one person should be responsible for collecting reports in each organisation; considers that employee representatives should be involved in the assignment of that role; takes the view that the recipients of a report should be required to follow it up and to inform whistleblowers about the action taken on their reports;
Amendment 136 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Believes that the whistleblower should give priorityTakes the view that recourse to the organisation’'s internal reporting mechanisms or toand the competent authorities; stresses, however, that in the absence of a favourable response from the organisation, or if the whistleblower is at risk or urgently needs to report information, he or she must be able to turn to non-governmental organisations or the preshould be facilitated, in particular by means of information campaigns;
Amendment 138 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Believes that the whistleblower should give priority to teach organisation should set clear reporting channel allowing the whistleblower to blow the whistle inside his or her organisation’s internal reporting mechanisms or to the competent authorities; stresses, however,, underlines that each employee should be informed of that reporting procedure, which should guarantee confidentiality and a treatment of the alert in an reasonable time; underlines that in the absence of a favourable response from the organisation, or if the whistleblower is at risk or urgently needs to report information, he or she must be able to turn to non-governmental organisations or the press;
Amendment 140 #
11a. recalls the right of the public to be informed of any wrongdoing that undermines the public interest, underlines in that respect that it should always be possible for a whistleblower to publicly disclose information on an unlawful or wrongful act or an act which undermines public interest;
Amendment 144 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Believes that reporting outside the organisation without first going through an internal step is not grounds to invalidate a report, file a lawsuit or refuse to give protectioTakes the view that whistleblowers should be free to choose the channel through which they report wrongdoing, which should include the option of informing the general public directly, and that they should be granted legal protection irrespective of the procedure chosen;
Amendment 155 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Considers that whistleblowers should have the option to file for interim relief to prevent retaliation such as dismissal, until there is an official outcome of any administrative, judicial or other proceedings
Amendment 161 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Expresses its concern about the practice of gagging orders, which involve filing or threatening to file lawsuits against the whistleblower not in an effort to have him or her convicted, but in an effort to bring about self-censorship or financial, mental or psychological exhaustion; takes the view, therefore, that the imposition of gagging orders should be punishable;
Amendment 166 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Points out the risk that whistleblowers run of having legal and civil proceedings brought against them; stresses that they are often the weaker party in trials; considers it necessary to provide for a reversal of the burden of proof in respect of retaliation against and pressure on whistleblowers; considers that the basis for whistleblower protection should be the information exposed, whether or not that information is in the public interest, whereas the intention of the whistleblower should be considered to be irrelevant, in order to remove incentives for attempts of character assassination by the parties bringing legal actions against whistleblowers, which could have a negative effect on whistleblowers even if a court decides in their favour; takes the view that confidentiality should be guaranteed throughout the proceedings;
Amendment 171 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Takes the view that whistleblowers should not be liable for prosecution, civil legal action or administrative or disciplinary penalties because they have made a report;
Amendment 174 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Believes that the option to report anonymously would encourage whistleblowers to share information which they would not share otherwise; stresses, in that regard, that clearly regulated means of reporting anonymously should be introduced and that the identity of the whistleblower, and any information enabling him or her to be identified, should not be released without his or her consent; takes the view, in that connection, that any action which undermines whistleblowers' right to anonymity should be punished;
Amendment 179 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that nobody should lose the benefit of protection on the sole grounds that he or she has misjudged the facts or that the, that he or she wrongfully believed information to be in the public interest or that a perceived threat to the public interest did not materialise, provided that, at the time of reporting, he or she had reasonable grounds to believe them to be true;
Amendment 190 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses the role that trade unions and civil society play in supporting and helping whistleblowers in their dealings within their organisation;
Amendment 195 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that, in addition to the professional risks, whistleblowers also face psychological and financial risks; believes that psychological support should be provided, that legal aid should be given to whistleblowers who ask for it, that financial aid should be given to those who express a duly justified need for it and that compensation for proven professional damages should be given as a protective measure if civil proceedings are brought against a whistleblowershould be given, irrespective of the damages suffered by the whistleblower as a result of making a report;
Amendment 201 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Member States to introduce an independent body responsible for collecting reports, verifying their credibility and, following them up at least by issuing binding recommendations, guiding whistleblowers, particularly in the absence of a positive response from their organisation, and providing them with financial assistance if necessary, in particular if they disclose facts which have cross-border implications or which directly concern the EU's institutions and bodies; suggests that this independent body should publish annual activity reports;
Amendment 211 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to propose the establishment of a similar body at EU level responsible for coordinating Member State activities, particularly in cross-border cases; believes that that European body should also be able to collect reports, verify their credibility, issue binding recommendations and guide whistleblowers when the response given by the Member State is obviously not appropriate; considers that the European Ombudsman’s mandate could be extended to serve that purpose;
Amendment 213 #
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Takes the view that this independent body should be given the budget it needs to carry out all its tasks; calls on the Commission, in that connection, to set up a European fund for whistleblowers in order to cover the cost of protecting them, in particular when they disclose information which has cross-border implications or which concerns the EU's institutions and bodies;
Amendment 216 #
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Considers that whistleblowers should have a meaningful opportunity to provide input to subsequent investigations or inquiries based on their disclosures;
Amendment 218 #
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Considers that whistleblowers should be allowed to clarify their complaint and provide additional information or evidence during an investigation;
Amendment 221 #
Motion for a resolution
Paragraph 21 c (new)
Paragraph 21 c (new)
21c. Considers that whistleblowers should also have the right to review and comment on the outcome of the investigation related to their disclosure;