Public Interest Disclosure (Northern Ireland) Order 1998
Internal Guidance for Procurement Service staff to be read in conjunction with CSC04/03
Introduction
We can all, at one time or another, have concerns about what is happening at work. Usually these concerns are easily resolved. However, when they are about fraud and corruption, unlawful or improper conduct of public business, financial malpractice or breaches of our code of ethics, it can be more difficult to know what to do. The Public Interest Disclosure (Northern Ireland) Order 1998 provides a framework of legal safeguards for those raising genuine concerns about propriety relating to their work. DFP has issued 'Guidance on Public Interest Disclosure (CSC 04/03 refers) however staff who do not wish to make a formal report under the 'Code of Ethics' can raise any concerns in accordance with procedures set out below.
The aim of the guidance is to enable staff to raise concerns about suspected malpractice at an early stage and in the right way. We would rather that the matter is raised when it is just a concern rather than wait for proof. The procedure is not intended to deal with personnel issues: these should be pursued through the established mechanisms for these purposes. This ‘Whistleblowing’ procedure is primarily for concerns where the interests of others or of the Procurement Service itself are at risk.
If something is troubling you which you wish to share or look into, you should use this procedure.
Our assurances to you
Your safety
The Director and the Senior Management Group are committed to this policy. If you raise a genuine concern under this policy, you will not be at risk of losing your job or suffering any form of retribution as a result. Provided you are acting in good faith, it does not matter if you are mistaken. This assurance is not of course extended to someone who maliciously raises a matter they know to be untrue.
Your confidence
Management will not tolerate the harassment or victimisation of anyone raising a genuine concern. However, we recognise that you may nonetheless want to raise a concern in confidence under this policy. If you ask us to protect your identity by keeping your confidence this will be respected. If the situation arises where we are not able to resolve the concern without revealing your identity (for instance because your evidence is needed in court), we will discuss with you whether and how we can proceed.
Remember that if you do not disclose your identity, it will be more difficult for us to look into the matter, protect your position or to give you feedback. Accordingly, while anonymous reports will be considered, the policy cannot have the same force for concerns raised anonymously.
How we will handle the matter
Once a nominated officer has been advised about a concern, an initial assessment will be made of what action should be taken. This may involve an internal inquiry or a more formal investigation. You will then be told who is handling the matter, how they can be contacted and whether further assistance may be needed. If requested, you can have a letter summarising your concern and setting out how it is propose to handle it.
When a concern is raised you may be consulted about how you think the matter might best be resolved. If you have any personal interest in the matter, this should be disclosed at the outset. If your concern falls more properly within the Grievance Procedure you will be advised to this effect
While the purpose of this policy is to enable us to investigate possible malpractice and take appropriate steps to deal with it, we will give those raising concerns as much feedback as is proper and reasonable in the circumstances.
If requested, we will confirm our conclusions to you in writing though it will not be possible for legal or other reasons to provide details of the precise action it is proposed to take where this would infringe a duty of confidence owed by us to someone else.
How to raise a concern internally
Step one
If you have a concern about malpractice, we hope you will feel able to raise it first with your manager, staff officer level, or above. This may be done orally or in writing.
Step two
If you feel unable to raise the matter with your manager, for whatever reason, please raise the matter with:
Brendan O’Neill
Room 282
or in the event that this may not seem practicable or appropriate, with the Director.
Please say if you want to raise the matter in confidence so that they can make appropriate arrangements
Step three
If these channels have been followed and you still have concerns, or if you feel that the matter is so serious that you cannot discuss it with any of the above, please contact:
The Director of Personnel
Department Of Finance and Personnel
Rathgael
Independent advice
If you are unsure whether to use this procedure or you want independent advice at any stage, you may contact your staff representative;
or;
the independent charity Public Concern at Work on 0171 404 6609. Their lawyers can give you free confidential advice at any stage about how to raise a concern about serious malpractice at work.
External contacts
While we hope this policy gives you the reassurance to raise such matters internally, we recognise that there may be circumstances where you can properly report matters to outside bodies, such as a prescribed person (in our case The Comptroller and Auditor General) or the police. Public Concern at Work or your staff representative will be able to advise you on such an option and on the circumstances in which you may be able to contact an outside body safely. Concerns or allegations made outside these arrangements may conflict with the normal rules governing confidentiality and be considered defamatory and be open to redress by those referred to.
If you are dissatisfied
If you are unhappy with our response, remember you can go to the other levels and bodies detailed in this policy. While we cannot guarantee that we will respond to all matters in the way that you might wish, we will try to handle the matter fairly and properly. By using this policy, you will help us to achieve this.
Procurement Service
October 2002

