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Environmental ‘Whistleblowers’

  • Stephen Homewood
  • David Lewis

Abstract

This chapter seeks to address a number of issues relating to the ability of employees, whether in the public or the private sector, to release confidential information about their employer’s activities to those outside the organization. Where such information is concerned with unlawful or other wrongful activities which cause harm to the environment, it is argued that these ‘whistleblowers’ are assisting in the regulation, control and prevention of pollution. As such, their rights to freedom of expression, which are, arguably, linked to a developing ‘right to know’, should be encouraged by the law. However, whilst some recent developments provide grounds for hope, there remain too many legal, as well as other, constraints. These will be discussed and it will be suggested that they combine to an extent that in the UK, compared to a number of other jurisdictions, there remains little to encourage the employee to exercise this ‘freedom’ of speech in the public interest. This chapter will focus on the role of the whistleblower in assisting the enforcement of environmental law. It will conclude by making some national and international comparisons, together with some suggestions for change.

Keywords

Public Interest Employment Protection Confidential Information Employment Protection Legislation Environmental Future 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

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References

  1. Bailey, S., Harris, D., and Jones, B., Civil Liberties, Cases and Materials, 4th edn (London: Butterworths, 1995).Google Scholar
  2. Ball, S., and Bell, S., Environmental Law, 3rd edn (London: Blackstone, 1995).Google Scholar
  3. Birtles, W, ‘A Right to Know: the Environmental Information Regulations 1992’, Journal of Planning and Environmental Law (1993), pp. 615–22.Google Scholar
  4. Clapham, A., Human Rights in the Private Sphere (Oxford: Clarendon, 1993).Google Scholar
  5. Dehn, G. unpublished paper, ‘Conference on Whistleblowing’ at Middlesex University, April 1995.Google Scholar
  6. Harris, D., O’Boyle, M., and Warbrick, C., Law of the European Convention on Human Rights (London: Butterworths, 1995).Google Scholar
  7. Hawkins, K., Environment and Enforcement (Oxford: Clarendon, 1984).Google Scholar
  8. Hawkins, K. (ed.), The Uses of Discretion (Oxford: Clarendon, 1992).Google Scholar
  9. House of Commons Commission on Encouraging Citizenship (London: HMSO, 1990).Google Scholar
  10. Hunt, G. (ed.), Whistleblowing in the NHS (London: Edward Arnold, 1995).Google Scholar
  11. Lewis, D., ‘Whistleblowers and Job Security’, Modern Law Review, vol. 58 (1995), pp. 208–21.CrossRefGoogle Scholar
  12. Manufacturing, Science and Finance Union, Freedom of Speech in the NHS: A Guide for MSF Negotiators (London: Manufacturing, Science and Finance Union, 1993).Google Scholar
  13. Miceli, M., and Near, J., Blowing the Whistle (New York: Lexington Books, 1992).Google Scholar
  14. Ogus, A., Regulation (Oxford: Clarendon, 1994).Google Scholar
  15. Public Concern at Work, press briefing, Whistleblower Protection Bill (June 1995).Google Scholar
  16. Richardson, G., Ogus, A., and Burrows, P., Policing Pollution (Oxford: Clarendon Press, 1982).Google Scholar
  17. Vinten, G. (ed.), Whistleblowing (London: Paul Chapman, 1994).Google Scholar

Copyright information

© Macmillan Press Ltd 1999

Authors and Affiliations

  • Stephen Homewood
  • David Lewis

There are no affiliations available

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