Freedom of speech in the National Health Service

Abstract

This article considers the freedom of speech of NHS staff in the light of two new Acts, the Public Interest Disclosure Act 1998 (PIDA) and the Human Rights Act 1998. It examines the importance of staff participation in any debate on standards of care within the NHS and the implications of the exercise of freedom of speech in the light of contractual and professional requirements of confidentiality. It assesses the safeguards for individual freedom of speech, including protection under the PIDA and the European Convention on Human Rights (ECHR), partially incorporated into domestic law by the Human Rights Act, and discusses the extent to which the PIDA, which gives a right not to be dismissed for disclosing wrongdoing at work, improves the position of NHS staff. I conclude that the PIDA brings welcome protection for those who reveal malpractice, but does little to improve the position of those who use their experience at work to participate in wider debate about the NHS. The protection available to these staff under the ECHR is then assessed.

Key Words:

• freedom of speech
• health service
• human rights