Activities of Nessa CHILDERS related to 2016/2224(INI)
Shadow opinions (1)
OPINION on legitimate measures to protect whistle-blowers acting in the public interest when disclosing the confidential information of companies and public bodies
Amendments (14)
Amendment 19 #
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. whereas inadequate or ineffectively enforced provisions can expose whistle-blowers to reprisals with impunity, whilst failing to offer safeguards to the public interest, as the persistence of reprisals against whistle- blowers dissuades those in possession of information on wrongdoing from further reporting or disclosure and undermines faith in the applicable legal regime;
Amendment 35 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Cautions that inadequate or ineffectively enforced provisions can expose whistleblowers to reprisals with impunity, whilst failing to offer safeguards to the public interest, as the persistence of reprisals against whistleblowers dissuades those in possession of information on wrongdoing from further reporting or disclosure and undermines faith in the applicable legal regime;
Amendment 38 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
Amendment 58 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses the importance of explicitly empowering competent authorities, regulatory and law enforcement bodies with the responsibility to maintain reporting channels, receive, handle and investigate suspected malpractice, whilst safeguarding the confidentiality of the source, where applicable, and the rights of the affected parties;
Amendment 60 #
Draft opinion
Paragraph 5
Paragraph 5
5. Urges the Commission to put forward a proposal for a whistleblower protection directive or any other EU instrument to the same effect; stresses the need for a horizontal legal instrument, given the inadequacies and failings of sectorial approaches for that purpose, such as that taken in Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure;
Amendment 68 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Underlines that effective whistle- blower protection is essential to guarantee the right to free speech and freedom of information, and that conflicting norms governing matters of secrecy and confidentiality should be reviewed in line with European human rights jurisprudence, so as to ensure that such exceptions are necessary and proportionate;
Amendment 71 #
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that environmental crimes, which may result in health and food issues, should fall within the scope of any EU instrument protecting whistleblowersthe reporting or disclosure of information pertaining to risks, misconduct and crimes, as well as any attempts to conceal them, which may result in environmental damage, health and food integrity and safety issues, among other forms of wrongdoing, such as the mismanagement of public land and property, should fall within the scope of any EU instrument protecting whistleblowers, irrespective of whether they amount to a breach of the law, further to a reasonable belief that the disclosure is made in the public interest;
Amendment 74 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Urges the Commission and the Member States to provide for access to confidential advice to persons who may be considering a public interest report or disclosure, and who will thus be seeking information such as that relating to the rights and responsibilities of whistle- blowers, adequate channels, and the possible consequences of their decision.
Amendment 78 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Emphasises the importance of open organisational cultures and of the existence of multiple, protected channels for voluntary reporting of information, internally and externally, in order to prevent harm to the environment, human health and the food chain, which is also in the best interests of the organisations themselves;
Amendment 79 #
Draft opinion
Paragraph 7
Paragraph 7
7. Highlights the fact that EU whistleblower protection legislation must be comprehensive and fast-acting and must protect the whistleblower and his or her colleagues and relatives from any kind of retaliatory action; underlines that effective whistleblower protection is essential to guarantee the right to free speech and freedom of information, and that conflicting norms governing matters of secrecy and confidentiality should be reviewed in line with European human rights jurisprudence, so as to ensure that such exceptions are necessary and proportionate;
Amendment 92 #
Draft opinion
Paragraph 8
Paragraph 8
8. Stresses that the definition of a whistleblower should not be narrow or restricted to certain fields, work contract status or the legal character of the acts or information reported or disclosed, and that whistleblowers in the public and private sectors should be afforded equal protection and not bound by any contractual obligation preventing reports or disclosures when these are in the public interest, notwithstanding any necessary restrictions such as those framed by the Global Principles on National Security and the Right to Information;
Amendment 99 #
Draft opinion
Paragraph 9
Paragraph 9
9. Points out that EU legislation should establish a clear procedure for handling disclosures from start to finish to ensure proper follow-through on the actions taken by whistleblowers, from report submission and processing to ensuring whistleblower protection; Stresses the importance of explicitly empowering competent authorities, regulatory and law enforcement bodies with the responsibility to maintain reporting channels, receive, handle and investigate suspected malpractice, whilst safeguarding the confidentiality of the source, where applicable, and the rights of the affected parties.
Amendment 102 #
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Emphasises the importance of extending legal and psychological assistance, as well as relief measures, as appropriate, to whistleblowers who suffered retaliation further to a public interest report or disclosure and, as a consequence, pursue a valid claim in court.
Amendment 103 #
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Encourages the Commission and the Member States to provide for access to confidential advice to persons who may be considering a public interest report or disclosure, and who will thus be seeking information such as that relating to the rights and responsibilities of whistleblowers, adequate channels, and the possible consequences of their decision.