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  • The Public Interest Disclosure (Northern Ireland) Order 1998

    Topics:
    • Good management, good records, 
    • Legal and professional obligations

    The Order allows a worker to breach his duty as regards confidentiality towards his employer for the purpose of ‘whistle-blowing’.

    The Order

    A disclosure qualifying for protection under the Order is known as a ‘qualifying disclosure’.

    Such a disclosure is allowed in the following circumstances:

    • where criminal activity or breach of civil law has occurred, is occurring, or is likely to occur
    • where a miscarriage of justice has occurred, is occurring or is likely to occur
    • where health and safety has been, is, or is likely to be compromised
    • where the environment has been, is being or is likely to be damaged
    • where information indicating evidence of one of the above circumstances is being or is likely to be deliberately concealed

    It makes no difference whether the circumstance leading to the breach is within or outside of the UK, as long as either UK law or the law of the other jurisdiction prohibits it.

    A qualifying disclosure must only be made:

    • in good faith to the individual’s employer, or to any other person having legal responsibility for the conduct complained of
    • for the purpose of obtaining legal advice
    • where the worker is employed by the Crown or a NI department, in good faith to a Minister of the Crown or the NI department
    • in good faith to a person prescribed in subordinate legislation made under the Order

    Under this Order, the worker must reasonably believe that any allegation he makes is substantially true.

    If it is the employer who is responsible for the conduct complained of, the Order allows a worker to make a disclosure to a person not noted above, provided the following conditions are met:

    • it must be made in good faith, and not for personal gain, with a reasonable belief that the allegations complained of are true
    • the worker reasonably believes he will suffer a detriment if he makes the disclosure to his employer
    • he has previously complained of the conduct and no action has been taken
    • he reasonably believes that evidence of the conduct has been or will be destroyed or concealed

    Such a disclosure will be subject to a test of reasonableness, which is tested with reference to:

    • the person the disclosure was made to
    • the seriousness of the conduct complained of
    • whether the conduct is continuing
    • whether any previously made complaint was acted upon
    • whether the worker followed any procedure laid down by the employer

    The Public Interest Disclosure (Northern Ireland) Order 1998

    Records management considerations

    Staff should be made aware of the correct procedures to be followed if circumstances arise that require them to breach confidentiality and any policy guidance/DHSSPS Circular on ‘Public Interest Disclosure’ available on the issue.

    Related content

    • Administrative law
    • Blood Safety and Quality Regulations 2005 (as amended)
    • Completed Equality Screenings
    • Human Fertilisation and Embryology Act 2008
    • Police Act 1997
    • Public Health Act (Northern Ireland) 1967
    • The Access to Health Records (Northern Ireland) Order 1993
    • The Access to Personal Files and Medical Reports (Northern Ireland) Order 1991
    • The Adoption Agencies Regulations (Northern Ireland) 1989
    • The Census (Confidentiality) (Northern Ireland) Order 1991
    • The Civil Evidence (Northern Ireland) Order 1997
    • The Common Law Duty of Confidentiality
    • The Computer Misuse Act 1990
    • The Congenital Disabilities (Civil Liability) Act 1976
    • The Consumer Protection (Northern Ireland) Order 1987
    • The Control of Substances Hazardous to Health Regulations (Northern Ireland) (COSHH) 2003
    • The Copyright, Designs and Patents Act 1988
    • The Electronic Communications Act 2000
    • The Environmental Information Regulations 2004
    • The Foster Placement (Children) Regulations (Northern Ireland) 1996
    • The Freedom of Information Act (FOIA) 2000
    • The Gender Recognition (Disclosure of Information) (England, Wales and Northern Ireland) (No. 2) Order 2005
    • The Gender Recognition Act 2004
    • The Health and Personal Social Services (General Medical Services Contracts), Regulations (Northern Ireland) 2004
    • The Health and Personal Social Services, General Dental Services (Amendment) Regulations (Northern Ireland) 2008
    • The Health and Safety at Work (Northern Ireland) Order 1978
    • The High-activity Sealed Radioactive Sources and Orphan Sources Regulations 2005
    • The Human Rights Act 1998
    • The Limitation (Northern Ireland) Order 1989
    • The Privacy and Electronic Communications (EC Directive) Regulations 2003
    • The Public Records Act (Northern Ireland) 1923
    • The Sexual Offences (Amendment) Act 1992
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