14 Amendments of Lynn BOYLAN related to 2016/2224(INI)
Amendment 2 #
Draft opinion
Recital A
Recital A
A. whereas the role of whistle-blowers is to help in deterring and preventing wrongdoing, unethical practices and corruption, thus contributing to the promotion of the rule of law, transparency and democratic accountability; whereas whistle-blowing is one of the most important tools leading to the detection and prevention of fraud and corruption in public administration and private companies, which can lead to considerable savings of public funds, ensuring safety and even saving lives; whereas the contribution of whistleblowers in exposing and preventing corruption is undeniable;
Amendment 12 #
Draft opinion
Recital C
Recital C
C. whereas recent mass leaks revealing corruption, such as the Panama Papers affair or the avoidance of rules on labour law leading in certain cases to precarious employment, and leaks on large scale illegal mass surveillance by whistle-blower Edward Snowden, to name but a few, confirm the importance of the role played by whistle- blowers in defending the public interest;
Amendment 19 #
Draft opinion
Recital D
Recital D
D. whereas concerns have often been raised that whistle-blowers face hostility and exclusion at their place of work, rather than being viewed positively; whereas workplaces need to cultivate a working environment within which people feel confident in raising concerns about potential failings, misconduct, or illegality; whereas fostering the right culture where people feel able to raise issues without the fear of "whistle-blower reprisal" or fear of retaliation or being disadvantaged in some way, whether within their current role or with a future employer is extremely important;
Amendment 20 #
Draft opinion
Recital D
Recital D
D. whereas concerns have often been raised that whistle-blowers face hostility and exclusion at their place of work, rather than being viewed positively; whereas whistleblowing is acknowledged as one of the most, if not the most, effective way of stopping wrongdoing and illegality;
Amendment 25 #
Draft opinion
Recital E
Recital E
E. whereas the objective of whistle- blowing should be the reporting of acts that represent a threat to the public interest or a breach of law; whereas whistleblowers can also make disclosures, alternatively or cumulatively, internally within the workplace, or externally, to the competent authorities, parliamentarians and oversight agencies, as well as to trade unions and employers' associations, or to the public through the media, including social media, or non-governmental organisations; whereas those who come forward as whistleblowers should not be attacked for the methods they use, rather they should be commended for coming forward;
Amendment 44 #
Draft opinion
Paragraph 1
Paragraph 1
1. CIs of the opinion that the protection of whistleblowers is essential for the freedom of expression, the plurality of opinions, democracy and freedom; calls for action to change the public perception of whistle-blowers, particularly by politicians and the media, by highlighting their positive role as an early warning mechanism to prevent abuses and corruption and to enable public scrutiny of state action;
Amendment 50 #
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for measures to protect workers who detect and report wrongdoings in the field of unemploymentObserves that, in the case of whistle-blowers, there is no bilateral conflict between the whistle-blower and the business or authority but polygonal differences of interests, including in some cases across national borders, and that, while efforts should be made to weigh up the entitlement of businesses or authorities to have information kept secret and to expect loyalty, what is at stake is the provision of information in the public interest; reaffirms therefore the need for public and private organisations in the Member States to establish internal and external whistle-blowing procedures for employees, setting out clear confidential routes for making disclosures; considers that, in this context, the legislature should in advance provide a structure for selecting the whistle-blowing procedure, in order to guarantee comprehensive protection of freedom of expression in accordance with Article 10 of the ECHR; calls for measures to protect workers who detect and report wrongdoings in all fields, particularly against reprisals, and more so, from reprisals that may come from the police or the state;
Amendment 65 #
Draft opinion
Paragraph 3
Paragraph 3
3. Points to the dangers of excluding whistle-blowing workers from career progression and of retaliation by colleagues at their workplace, and the dampening effect this has on those who may come across wrongdoing; highlights that whistleblowers act at high personal and professional risk and usually pay a personal and professional cost for it; states that personal data of the whistleblowers should never be published; is therefore of the opinion that measures for the alleviation of those costs and adequate compensation have to be established; states that a new workplace has to be found in order to avoid a deterioration of their living conditions and falling into precariousness; notes that mentally and psychological help must be secured; notes that in court cases the legal fees of the whistleblowers should be reimbursed;
Amendment 74 #
Draft opinion
Paragraph 4
Paragraph 4
4. Recalls the importance of devising instruments to ban any form of retaliation, whether this be active dismissal or passive measures such as the blocking of promotion; notes the importance of also ensuring protection for whistleblowers within police forces who may come under extreme pressure and harassment if they come forward with allegations of wrongdoing and illegality;
Amendment 78 #
Draft opinion
Paragraph 5
Paragraph 5
5. Urges employers and the authorities to act on the information reported to them after this has been thoroughly verified, and to address the shortcomings identified; Takes note that the Commission, in its EU Anti-Corruption report, stated that EU Member States have in place most of the necessary anti-corruption legal instruments and institutions, however, the results they deliver are not satisfactory across the EU and their capacity and efficiency should be improved; calls, therefore, on the Member States to enforce anti-corruption rules and, at the same time, to properly implement European and international standards and guidelines concerning whistle-blowers' protection in their national laws; insists that whistle-blowers play an essential role in helping Member States and EU institutions and bodies to deter and prevent any breaches of the principle of integrity and misuse of power that threaten public health and safety, financial integrity, human rights, the environment and the rule of law at European and national levels, and undermine the trust of citizens in democratic institutions and processes; notes that whistle-blowers often disclose scandals affecting several Member States; stresses therefore that existing cultural differences do not detract from the need for legal protection of whistle-blowers in Member States;
Amendment 80 #
Draft opinion
Paragraph 5
Paragraph 5
5. Urges employers and the authorities to act on the information reported to them after this has been thoroughly verified, and to address the shortcomings identifiedinform all necessary people and agencies of any illegality or wrongdoing as a matter of urgency;
Amendment 89 #
Draft opinion
Paragraph 6
Paragraph 6
6. Recalls that proper legislation is needed; encourages Member States to develop legislative instruments that protect those who report justified and proven breaches of conduct to public authorities; further believes that EU institutions should serve as a model with regard to whistleblowing policy; calls on the EU institutions to implement or improve internal mechanisms in order to protect potential whistle-blowers from inside their organisation;
Amendment 94 #
Draft opinion
Paragraph 7
Paragraph 7
7. Recalls that any future normative framework should take into account the rules, rights and duties that govern and impact on employment; further emphasises that this should be done in consultation with social partners and in compliance with collective bargaining agreements; encourages those Member States that have not yet adopted legislation on whistleblowing to do so in the foreseeable future and calls on the Commission to consider creating a platform for Member States to exchange best practices in this area between, and also including third countries;
Amendment 95 #
Draft opinion
Paragraph 8
Paragraph 8
8. Recalls that in the event of false accusations, those responsiblewhistle-blowing is linked to freedom of the press and is essential in bringing to light illegal activities or activities which harm the public interest; stresses that whistle- blowers are an important source of information for investigative journalists, and calls on the Member States to ensure that the right of journalists and identity of whistleblowers should be protected effectively and legally in instances when allegations are proven true; stresses that journalists, in case that they themselves are the source, should be also be protected and that authorities in both cases should refrain from using surveillance; recalls that in the event of false allegations or accusations, journalists and whistleblowers responsible for the dissemination of such falsehoods should be held accountable.