Whistleblowing legislation: lodging by January 2027 (P.72/2026): amendment

2026  P.72 Amd.

WHISTLEBLOWING LEGISLATION: LODGING BY JANUARY 2027 (P.72/2026): AMENDMENT

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For the word "2027", substitute the word "2028".

COUNCIL OF MINISTERS

Note:  After this amendment, the proposition would read as follows –

THE STATES are asked to decide whether they are of opinion

to request the Minister for Social Security –

1. to finalise and bring forward for debate, no later than 31st January 2028, the Draft Protected Disclosure (Protection of Whistleblowers) (Jersey) Law published in R.41/2026 (re-issue); and
2. to include in the report accompanying the draft legislation an explanation of any material changes which have been made to the previous version of the draft Law together with a timetable for its implementation.

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P.72/2026 Amd.

REPORT

An appropriate framework to protect and encourage genuine whistleblowing is an important element of a modern and ethical labour market.

The work undertaken to date provides a foundation. However, any new legislative framework  has  the  potential  to  add  significant  costs  and  can  risk  unintended consequences, including misuse, and deserves the most thorough attention.

Ministers believe there is considerable merit in undertaking further consultation with key stakeholders, including employers, employee representatives, human resources professionals, and others with practical experience of whistleblowing frameworks. In addition, an impact assessment will take place considering existing protection and evidence  of  gaps,  the  impacts  on  businesses,  on  employee  rights,  on  the  Jersey Employment and Discrimination Tribunal, and on whistleblowing activity. The results of the assessment will be published.

This  work  will  ensure  that  the  legislation  ultimately  brought  forward  is  robust, proportionate and capable of delivering the protections that Islanders rightly expect.

This includes considering the scope of the legislation, and whether it achieves adequate protections for persons making honest and reasonable disclosures while also ensuring proportionate safeguards against misuse.

A commitment to lodge the draft law for debate by 31st January 2027 will not allow any meaningful  review  of  the  impact  of  the  new  law  in  terms  of  protection  for whistleblowers and additional administration for businesses.

The additional time provided by the amendment will ensure that the legislation brought forward will be well designed and fit for purpose to support genuine whistleblowers and be proportionate for businesses.

The Council of Ministers commits to ensure that States Members are kept informed as the work develops.

Financial and staffing implications

This review will be prioritised over other planned work for 2027. As such there are no additional financial or manpower considerations but delivery of other planned projects will be delayed.

Children's Rights Impact Assessment

We consider that this amendment has no direct or indirect impact on children and that the duty to have due regard to the UN Convention on the Rights of the Child does not arise. Accordingly, a Children's Rights Impact Assessment is not required under the Children (Convention Rights) (Jersey) Law 2022.

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P.72/2026 Amd.