DAERA

EXTERNAL
WHISTLEBLOWING
PROCEDURES ON HOW TO
MAKE A DISCLOSURE

6 July 2015
(Contacts updated January 2019)
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, Environment &
Rural Affairs (DAERA) 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 DAERA 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), 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, Environment & Rural Affairs 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 Complaint relating to the Departments Service

Standards

12. Procedures for making a complaint relating to the Department’s service

standards can be accessed through the DAERA Internet site or through
the following link:

https://www.daera-ni.gov.uk/contacts/how-make-complaint

Making a Whistleblowing Disclosure

13. You are invited to make a Whistleblowing 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.daera-ni.gov.uk/publications/external-whistleblowing-
procedures-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:
 How to raise a concern

 David Reid, Finance Director,

(028 7744 2053; email: DavidP.Reid@daera-ni.gov.uk )

 Sean McGrade, Acting Director of Corporate Services,

(028 9076 5394; email: Sean.McGrade@daera-ni.gov.uk)

 Alan McKee, Head of Internal Audit, 

(028 9052 0082; email: Alan.McKee@daera-ni.gov.uk )

 Brian Doherty, Acting Deputy Secretary,

(028 7744 2252; email: Brian.Doherty@daera-ni.gov.uk )

 Denis McMahon , Permanent Secretary,

(028 9052 4608; email: Denis.McMahon@daera-ni.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 – BusinessManagementBranch@daera-ni.gov.uk

By Post – Dundonald House,

Upper Newtownards Road
Ballymiscaw,
Belfast BT4 3SB:

Addressed to one of the nominated Senior Management below:-

 David Reid, Finance Director,

(028 7744 2053; email: DavidP.Reid@daera-ni.gov.uk )

 Sean McGrade, Acting Director of Corporate Services,

(028 9076 5394; email: Sean.McGrade@daera-ni.gov.uk )

 Alan McKee, Head of Internal Audit 

(02890 520082; email: Alan.McKee@daera-ni.gov.uk )

 Brian Doherty, Acting Deputy Secretary,

(028 7744 2252; email: Brian.Doherty@daera-ni.gov.uk )

 Denis McMahon , Permanent Secretary,

(02890 524608; email: Denis.McMahon@daera-ni.gov.uk )