Gagging Clauses in the Public Sector

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Gagging Clauses in the Public Sector

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To introduce legislation to make it illegal for a public body to ask an employee to sign a “gagging clause” in order to avoid reputational damage, or similar, to itself or other employees.

Gagging clauses - commonly used, amongst others, by local councils and parts of the NHS – are designed purely so that public bodies and their (usually senior) employees can escape proper scrutiny and criticism. These bodies are funded by the taxpayer, and should therefore be completely accountable and transparent when wrongdoing, corruption or negligence is suspected.

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