What steps it is taking to ensure that no so-called gagging clauses are applied in agreements with NHS staff where these might impact on pa…

I wrote to NHS boards on 22 February 2013 reminding them that they should frequently review their behaviours and practices to ensure they have a culture which actively encourages and supports members of staff to raise concerns. I stressed that I expect them to ensure that confidentiality clauses and non-derogatory statement clauses are not used to suppress the reporting of concerns about practice in the NHS in Scotland.
The Central Legal Office has recently carried out a review of the confidentiality clause and has developed a revised draft which explicitly makes clear that an individual's right to make “protected disclosures” is protected. The revised clause is currently being finalised and will be compulsory for use across all NHS boards.