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Belfast Live
National
Brendan Hughes

No paper trail of key decisions in £1.5m legal dispute with whistleblowing vet, Stormont report finds

A Stormont department failed to keep a paper trail of key decisions in a legal dispute with a whistleblowing vet which has cost the public more than £1.5million, a report has found.

Dr Tamara Bronckaers was awarded a settlement last April in an employment case against the Department of Agriculture, Environment and Rural Affairs.

An industrial tribunal in 2021 found the senior vet, who had raised concerns about animal welfare and meat traceability, had been constructively dismissed from her job.

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The department later dropped an appeal against the decision, but racked up legal costs of around £277,000.

Dr Bronckaers received an unreserved apology and a £1.25million settlement, which her lawyers described as the largest payout of its kind ever awarded in Northern Ireland.

Daera commissioned PwC to conduct an independent review of how the department dealt with issues raised by Dr Bronckaers.

The review found there was a "lack of detailed and consistent record-keeping and documentation to provide a sufficient audit trail of how concerns were dealt with".

There was a "gap in notes" which would have been expected to retain an audit trail of key discussions and decisions surrounding the tribunal.

The report also said it "remains unclear" who made the decision to lodge an appeal, and there was a "paucity" of documentation to support the move and "determine whether it was a transparent process".

A 33-point action plan to improve governance across the Civil Service has been published in response to the findings.

Jayne Brady, Head of the Civil Service, said the issues with record-keeping were "not good enough" having been a key problem highlighted previously in the RHI inquiry.

She said: "Concerns must always be raised, listened to and acted upon in the proper manner.

"It is critical that every civil servant maintains proper records and that all policies are up-to-date. These are the foundations of good governance.

"Some of the issues identified in this review, particularly in relation to record-keeping, were previously highlighted by the Inquiry into the Renewable Heat Incentive Scheme (RHI) report. This is not good enough and as leaders of the NI Civil Service, we will rigorously pursue progress against the recommendations."

The report said Dr Bronckaers, who quit Daera in 2018, had raised her concerns with her line manager but it appeared he "increasingly failed to respond to her and the issues raised".

It noted his "lack of escalation" of Dr Bronckaers' concerns about Ballymena Livestock Market contrasted with how he briefed Daera's then permanent secretary on her concerns about another livestock market.

The report said they would have expected the concerns about Ballymena market to have also been raised given their "seriousness".

It also said the claimant's concerns about Ballymena market arguably "ought to have been treated as protected disclosures" after she raised them directly with Chief Veterinary Officer Dr Robert Huey in November 2017.

On the appeal of the tribunal case, the report said it appears the permanent secretary was "not aware" of the decision but "may retrospectively have agreed".

It also noted Dr Huey was in attendance at a consultation with counsel in September 2021 when the decision to appeal may have been taken, which "could amount to a conflict of interest".

There was no documentary evidence to suggest attempts to manage this potential conflict, but counsel retrospectively noted Dr Huey "stated that he felt that he was too close to the case and that he would take a step back".

In a statement last year, Ballymena Livestock Market said its animal welfare systems are "robust" and have "have been further enhanced and strengthened".

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