DARD EXTERNAL WHISTLEBLOWING PROCEDURES ON HOW TO MAKE A DISCLOSURE 6 July 2015 REPORTING WRONGDOING (“WHISTLEBLOWING”): HOW TO RAISE A CONCERN (External Customers) This guidance invites the general public, where they may have witnessed or have concerns about alleged wrongdoing, corruption, fraud and malpractice in the Department of Agriculture & rural Development (DARD) to make their concerns known (“blow the whistle” to the Department). You can also raise concerns in relation to Arms length Bodies (ALBs) linked to DARD who are also required to comply with the Public Interest Disclosure Act and are responsible for ensuring compliance with the legislation. These include The Northern Ireland Fishery Harbour Authority (NIFHA), Foyle Carlingford & Irish Lights Commission (FCILC) which includes the Loughs Agency, Livestock & Meat Commission for Northern Ireland (LMC) and Agri-Food and Bioscience Institute (AFBI) all of which are responsible for maintaining their own Whistleblowing guidance. Introduction Why is Whistleblowing important to the Department? 1. The Department of Agriculture & Rural Development is committed to the highest possible standards of openness and accountability in the delivery of its services. Despite this, disclosures about impropriety or malpractice may still arise. 2. The Department is committed to tackling the issue and will not tolerate any such malpractice, abuse or wrongdoing. This guidance invites the general public, who may wish to make a disclosure about what is happening in relation to any activity of the Department, to come forward and voice these concerns. 3. The benefits to the Department of encouraging the general public to report concerns includes: enables the Department to identify wrongdoing as early as possible; exposes weak or flawed processes or procedures which make the Department vulnerable to loss, criticism or legal action; ensures critical information gets to the right people who can deal with the concerns; avoids financial loss and inefficiency; maintains a positive reputation; reduces the risk to the environment or the health & safety of staff or the wider community; improves accountability; and deters employees from engaging in improper conduct. 4. This revised policy has been introduced by the Department to encourage and enable members of the general public to raise concerns about such malpractice, abuse or wrongdoing at an early stage and in the right way. The Department would encourage the general public to raise concerns rather than to overlook a problem. Reporting a matter promptly can reduce the potential for financial loss, avoid reputational damage and stop an abuse of position. 5. The arrangements outlined below indicate how this should be done and explains how such concerns will be investigated. Whistleblowing - Types of Disclosures Covered 6. This guidance relates to disclosures about serious malpractice, abuse, neglect or wrongdoing, notably when the interests of others or the Department are at risk. Concerns of this nature are likely to involve matters such as unlawful conduct, serious safety/security deficiencies, breaches of confidence or danger to the public/environment. 7. These can include: Any unlawful act, whether criminal (e.g. theft) or a breach of the civil law (e.g. slander or libel); Failure to comply with legal obligation; A miscarriage of justice; Misadministration (e.g. unjustified delay, incompetence, negligent advice) Health & Safety risks, including risks to the public as well as other employees; Damage to the environment (e.g. pollution); The unauthorised use of public funds (e.g. expenditure for improper purpose); Fraud & corruption; Abuse of children and vulnerable adults; and Deliberate concealment of information tending to show any of the above. This is not a comprehensive list but is intended to illustrate the sort of issues that may be raised under this policy. 8. If your concern is about possible fraud, you should contact the confidential Fraud Hotline (0808 100 2716) through which concerns of this particular nature may be reported in confidence. What does this mean? 9. If you see something that you believe is negligent, improper or illegal, then you should report the matter immediately in accordance with this policy. 10. The Public Interest Disclosure (NI) Order 1998, does not extend or provide protection to “external” whistleblowers, a whistleblower as defined in the Order is someone inside the organisation. 11. When someone complains, they are saying they have personally been poorly treated. This poor treatment could involve a breach of their individual rights or bullying or poor service and the complainant is seeking redress or justice for themselves. The person making the complaint therefore has a vested interest in the outcome of the complaint and, for this reason, is expected to be able to prove their case. Making a Standards Complaint relating to the Departments Service 12. Procedures for making a complaint relating to the Department’s service standards can be accessed through the DARD Internet site or through the following link: https://www.dardni.gov.uk/contacts/how-make-complaint Making a Whistleblowing Disclosure 13. You are invited to make a Whistelblowing disclosure about possible serious malpractice, abuse, neglect or wrongdoing. 14. You can submit details of your concern by completing the template attached at Annex A, or alternatively you can download the form through the following link: https://www.dardni.gov.uk/publications/external-whistleblowingprocedures-how-make-disclosure 15. If, for whatever reason, you feel that making a Whistleblowing disclosure by this means is not appropriate or has not worked, please raise the matter with one of the following officers, all of whom are based in the Department’s Headquarters, Dundonald House, Upper Newtownards Road, Ballymiscaw, Belfast BT4 3SB: How to raise a concern Graeme Wilkinson, Finance Director (02890 24272; email: Graeme.wilkinson@dardni.gov.uk Tracey Teague, Director of Corporate Services (02890 524287; email: Tracey.teague@dardni.gov.uk Sean McGuinness, Head of Internal Audit (02890 524064; email: Sean.McGuinness@dardni.gov.uk ) Gerry Lavery, Deputy Secretary, (02890 524638; email: gerry.lavery@dardni.gov.uk ) Noel Lavery , Permanent Secretary, (02890 524608; email: noel.Lavery@dardni.gov.uk ) 16. Please remember that you do not need to have firm evidence of malpractice before raising a concern. However, we do ask that you explain, as fully as you can the information or circumstances that give rise to your concern. Our Assurances to You 17. The Department is committed to taking ‘whistleblowing’ seriously. The Department undertakes to investigate every concern received, particularly if it involves a security or safety issue; If your concern is about possible fraud, the Department will deal with it by following our Anti-Fraud Policy and Fraud Response Plan. 18. If the initial enquiry and fact finding indicates the need for a more formal investigation the overall responsibility for the investigation will rest with a nominated investigation officer and depending on the nature and seriousness of the concern, the investigation may be conducted by the Departmental Internal Audit Branch or other independent reviewer. Confidentiality 19. If you ask us not to disclose your identity, we will not do so without your consent unless required by law. You should understand that there may be times when we are unable to resolve a concern without revealing your identity, for example where your personal evidence is essential. In cases where an investigation leads to criminal proceedings, for example, there may be an expectation for you, as a complainant, to give evidence in a court of law. In such cases, we will discuss with you whether and how the matter can best proceed. Anonymity 20. Remember that if you do not tell us who you are, it will be much more difficult for us to look into the matter, or to give you a response to your concerns. Whilst anonymous reports will be considered, we can apply these Departmental arrangements more fully if we know who you are and can discuss the matter with you. 21. The disadvantages of raising a concern anonymously include: Detailed investigations may be more difficult, or even impossible, to progress if you choose to remain anonymous and cannot be contacted for further information; The information and documentation you provide may not be easily understood and may need clarification or further explanation; There is a chance that the documents you provide might reveal your identity; It may not be possible to remain anonymous throughout an in depth investigation; Raising your concern with other organisations outside the Department 22. The Department would prefer to hear about your concerns directly, but recognises that there may be circumstances in which you may instead wish to report a serious concern about wrongdoing to an outside body. Indeed, the Department would rather a matter was raised with the appropriate regulator (e.g. the Northern Ireland Audit Office or the Health & Safety Executive for Northern Ireland) than not at all. Communicating with You 23. We will tell you who is dealing with the matter, how you can contact him/her, and whether your further assistance may be needed. If you specifically request it, we will write to you summarising your concern and setting out how we propose to handle the investigation of it. 24. When you raise the concern, you may be asked how you think the matter might best be resolved. If you have any personal interest in the matter, we would ask that you tell us at the outset. If your concern falls more properly within other procedures for example the NI Civil Service Grievance Procedure/ Departmental Complaints Procedures, we will tell you. 25. We will give you as much feedback as we properly can, and, if requested, we will confirm it in writing. However, we may not be able to tell you the precise action we take where this would infringe a duty of confidence owed by us to someone else. Conclusion 26. While we cannot guarantee that we will respond to all allegations/concerns in the way that individuals might wish, we will strive to ensure that all cases are handled fairly and properly. By using these Whistleblowing arrangements you will help us to achieve this. ANNEX A WHISTLEBLOWING – CUSTOMER COMPLAINTS FORM Title (Mr, Mrs, Ms, other Please specify) Name: Address Telephone number E-mail address Please outline full details of the alleged malpractice, abuse or wrongdoing that you wish to raise with the Department SIGNATURE: DATE: The completed form should be returned to:By e mail – DARDDHRSUPPORTENQUIRES@DARDNI.GOV.UK By Post – Dundonald House, Upper Newtownards Road Ballymiscaw, Belfast BT4 3SB: Addressed to one of the nominated Senior Management below: Graeme Wilkinson, Finance Director (02890 24272; email: Graeme.wilkinsin@dardni.gov.uk ) Tracey Teague, Director of Corporate Services (02890 524287; email: tracey.teague@dardni.gov.uk ) Sean McGuinness, Head of Internal Audit (02890 524064; email: Sean.McGuinness@dardni.gov.uk ) Gerry Lavery, Deputy Secretary, (02890 524638; email: gerry.lavery@dardni.gov.uk ) Noel Lavery , Permanent Secretary, (02890 524608; email: noel.Lavery@dardni.gov.uk )