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Dorte Schmidt-Brown Case

Answer

It is important that appropriate procedures exist to oblige officials to report serious wrongdoing and to enjoy protection if they do so in good faith. The United Kingdom supported the introduction of the ““Whistleblowers' Charter”” and pressed strongly for these procedures to be included in the revised Staff Regulation, which came into force in May 2004. This charter, and the rules now in force, obliges the staff of the EU institutions to raise any concerns they have with regard to serious wrongdoing with either the Director-General of their institution, the Secretary-General, ““persons in equivalent positions””, or the independent European Anti-Fraud Office (OLAF).Dorte Schmidt-Brown made allegations of wrongdoing against senior managers at the European Union's statistical body, Eurostat. Disciplinary procedures were opened immediately against the senior managers allegedly involved, and their cases are now in the hands of French prosecutors who will hold them to account if the outcome of their investigations confirms that serious wrongdoing has taken place. It is clear the irregular financial practices in existence at Eurostat in the late 1990s left the EU's resources vulnerable to fraud. But thanks to the new systems put in place, these practices have been discovered and the financial management improved.Ms Schmidt-Brown raised a libel action (against a UK company ““Eurogramme””, that she alleges was improperly awarded Eurostat contacts) before the High Court of England and Wales, seeking damages for defamation she claimed to have suffered through statements made by the company. That case was settled out of court.In December 2002, Ms Schmidt-Brown asked the Court of First instance to order the Commission to pay the costs of her libel case in the High Court (€75,000), claiming that they, as her employer, had a duty themselves to take the steps necessary to protect her reputation. On 5 July 2005, the Court ruled against Ms Schmidt-Brown. It would not be appropriate for us to comment on this judgment by the Court.Further information can be found in OLAF's annual activities report which is available at: http://europa.eu.int/comm/anti_fraud/index_en.html for more information on the progress of EU activity in this area. The report provides information on the different sources of information it receives which lead to investigations, including whistleblowers.

Secondary information

Type

Written question

Reference

16091; 437 c638-9W;437 c644-5W

Session

2005-06

Subjects

Disclosure of information EU institutions Maladministration Eurostat