17 July 2018
Following the Dutch radio broadcasting “Roelie Post, The Life of a Whistle-blower”, parliamentary questions were addressed to the Dutch Parliament by members of the Socialist Party (SP). The English translation of the replies given by the Dutch Ministers of Foreign Affairs and Internal Affairs, on behalf of the Dutch Government, can be found below. Of particular interest is that it brought out something not many people realise: the “normal” European rules do not count for their own staff.
Question 6 You also agree that, now that new rules have been announced by European Commissioner Timmermans to better protect whistle-blowers, it is not possible that in Roelie Post’s case exactly the reverse happens because she is punished instead of being protected? Answer The recent proposals from the Commission do not relate to the position of employees of the European Commission….
Glad to see that now the SP takes this up at European level. Member of the European Parliament Dennis de Jong announced that he is working on that.
WEEKLOG: EUROPEAN COMMISSION SHOULD NOT BE AFRAID OF ‘OWN’ WHISTLEBLOWERS Although the summer recess starts formally in a week, the proposals put forward by the European Commission for the protection of whistle-blowers are still being worked on. It is striking that whistle-blowers must be protected everywhere except in the European institutions themselves. The bill is not about that. It fits into a trend: the Commission is quick to tell the Member States what they have to do, but remains behind themselves. Formally, officials of the European institutions who report abuses as whistle-blowers are protected by the civil servant statute, but that does not say anything about how this works out in practice. Recently, the Argos program was about Roelie Post, the Dutch whistle-blower who had to go into hiding. Moreover, nothing has been arranged for people who do not work at the EU, but have learned something about possible abuses at one of the institutions. Finally, the Commission also still refuses to show in the UN context how it is fighting corruption in its own circle and in that respect protects whistle-blowers, while it is obliged to do so.
——————————————————————————–
Answers from the Minister of Foreign Affairs, also on behalf of the Minister of the Interior and Kingdom Relations, to questions from the members Van Nispen and Leijten (SP) on the treatment of whistle-blowers Roelie Post by the European Commission.
Question 1 Have you taken note of the broadcast of VPRO-Argos ‘Roelie Post. The life of a whistle-blower’? Were you already familiar with this case?
Answer Yes, the government has taken note of the broadcast, the government was not familiar with all aspects that were discussed in the broadcast.
Question 2 What is your reaction to the fact that Roelie Post, who is an official at the European Commission who exposed one of the first corruption scandals surrounding adoptions From Romania, is faced with strong counter-acts and threats that are so serious that now she has to live in hiding? Answer In the general sense, the Cabinet considers every threat against office bearers in the public sector, including the European Commission, as unacceptable.
Question 3 Do you share the opinion that it is distressing that someone who became vulnerable as whistle-blower not only has to deal with serious threats, but (now) also has a long-lasting conflict with her employer, the European Commission, which never protected her but also did not recognise her as a whistleblower and now even threatened with hefty punitive measures? Do you share the opinion that such treatment is not acceptable?
Answer The government considers it important that protection of whistle-blowers is adequately regulated, both in the Netherlands and in the European Union. In the past years the attention for whistle-blowers increased. In the Netherlands, that attention has led to the House for whistle-blowers. Employers are obliged to have an internal reporting scheme and that it enables (potential) whistle-blowers to receive advice and support from the external, independent House for Whistle-blowers. Also within the European institutions the focus is on whistleblowing and the protection of whistle-blowers increased. Staff of the institutions of the EU, enjoy whistle-blower protection on the basis of the status of the officials and the rules applicable to other servants of the European Union. In 2004, procedures were added for this about reporting fraud, corruption or serious irregularities, and to offer protection to employees who report breaches against negative effects. In 2012 the Commission published new guidelines for whistleblowing (SEC 2012 679 final) with the aim of the effective application of its own rules relating to the reporting of abuses and to improve and strengthen the protection of reporting agents/whistle-blowers. This endorses the European Commission the importance of a clear procedure and protection for whistle-blowers. These Guidelines mention the need to ensure that members of staff who report serious wrongdoings or concerns in good faith a reafforded the utmost confidentiality and greatest degree of protection against any retaliation as a result of their whistleblowing ‘. The Guidelines mention different internal and external channels (including the European Ombudsman) for employees who want to express suspicions of abuses and various protective measures.
Question 4 What do you say about the fact that in the European Commission Roelie Post is not the only one, but that in the broadcast of Argos more examples are mentioned of people who revealed corruption scandals but then got into trouble? How many people are at home because of whistle-blowing?
Answer The government is committed to the Guidelines adopted by the Commission in 2012 and the application of these guidelines by the institutions. The cabinet is not familiar with the handling of the Commission with the persons mentioned in the Argos broadcast. The cabinet is not aware of the total numbers of whistle-blowers at the Commission who are inactive.
Question 5 What do you think about the fact that no one within the European Commission wanted to cooperate this broadcast of Argos about this whistle-blower, and that also Euro commissioner Timmermans never got involved in this matter despite repeated requests?
Answer It is an independent consideration by the European Commission whether or not to cooperate with a broadcast.
Question 6 You also agree that, now that new rules have been announced by European Commissioner Timmermans to better protect whistle-blowers, it is not possible that in Roelie Post’s case exactly the reverse happens because she is punished instead of being protected?
Answer The recent proposals from the Commission do not relate to the position of employees of the European Commission; the Cabinet refers to this Guidelines mentioned under Answer 3 that apply to Commission staff.
Question 7 What possibilities are there for you to mediate in the conflict between Roelie Post and the European Commission? What can you do for this whistle-blower?
Answer The specific aspects of the dispute between the Commission and the relevant employees are not known to the cabinet. In principle, the procedures laid down in the Regulation for the Statute of European officials applicable in these cases. The Cabinet also refers to the Guidelines mentioned under Answer 3. For the Cabinet there is no mediating role for this obvious reason. This does not alter the fact that the government would consider it positive if, in line with the content and spirit of the applicable European regulations, a for both parties satisfactory solution is found in this dispute.
1 ) https://www.vpro.nl/argos/media/afleveringen/2018/Roelie-Post.html 2 ) https://nos.nl/artikel/2228643-eu-wil-klokkenluiders-beschermen-in-plaats- from-punishment.html: ‘Whistleblowers should not be punished anymore deserve protection ‘,’ People who report abuses must be safe feel ‘,’ We must thank people instead of punishing them ‘