Brian Moore
Whistleblowers with concerns relating to construction products need a simpler route to voice their concerns and more protection while doing so.
That’s the call from the British Board of Agrément (BBA) which has raised fears that it is often too difficult for whistleblowers to come forward because they don’t know where to go with their concerns.
The BBA’s deputy chief executive Brian Moore said his own organisation often heard concerns about malpractice that did not relate to the BBA or its members from individuals unsure as to where to turn and said he wanted to understand why existing arrangements didn’t seem to be working.
Moore said: “We were surprised at how complex the law is where protection for the whistleblower only kicks in if a disclosure is made to the right ‘prescribed’ entity. Problems can arise in cases where an allegation relates to a product manufactured in one location, assembled in another, distributed from another and perhaps installed nationally or internationally.
“The headquarters of the organisation – where key evidence and information may be found – could be located outside the UK. In such cases, which can involve health and safety, and/or consumer protection, and/or fraud, a bewildering array of ‘prescribed’ bodies could be involved, many of which are resource-strapped and may themselves lack the reach to address the whole problem. It takes a huge commitment from a whistleblower to take this road and I fear that many are put off by the complexity and difficulties of the process.”
He called for a clear, simple and well-coordinated approach to managing whistleblowers’ information.
Hackitt may add to complexity
And while he welcomed that Dame Judith Hackitt’s recent proposal for a new and additional prescribed body to deal with whistleblowers’ fire and structural safety concerns in some residential buildings, he argued that it potentially added to the complexity of existing arrangements rather than simplifying them.
Instead, the BBA has proposed establishing a ‘co-ordinating mechanism’ to help certification bodies like the BBA and the existing arrangement of prescribed bodies to work better together, taking account of a range of practicalities.
It is currently consulting with a variety of stakeholders as to the best way to achieve the goals of higher standards through better co-ordination at low cost.
Moore said: “There are a large number of well-regulated certification bodies in the construction products sector which work hard to ensure that their client companies uphold the ‘rules’ but there is nothing to stop a company which behaves improperly and is sanctioned by one certification body immediately moving to another certification body.
"Where this happens, the cohesion of the industry is undermined and confidence damaged. We think the industry would be stronger if there was a mechanism to share relevant information and to be the point of contact within the industry and between the industry and the prescribed bodies like the police, trading standards and Ofgem.
"Certification bodies would still be responsible for ensuring their clients’ compliance so we don’t need any new structures but what is definitely lacking currently are good comms, support, advice and co-ordination which can be achieved quite easily, if the will is there.”
He added: “The vast majority of companies in our industry sector do a great job and those who try to do the right thing should expect support and help in navigating difficult subjects like whistleblowing. We hope the industry and the prescribed bodies can work better together and there has never been a more opportune time than now to make the commitment.
"We would be delighted to hear from anyone who has ideas and proposals and we are working on preparing a seminar to discuss whistleblowers and how we can be more effective.”
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