Updated | Whistleblower Act to be presented in parliament this evening

Parliamentary secretary for justice Owen Bonnici this evening will present parliament with the Whistleblower Act, years after a White Paper, 'Towards Greater Transparency and Accountability', was presented in July 2007 and a draft bill tabled in parliament in 2008.

Recently, the Labour Cabinet approved the new draft bill which will be presented tonight. The Nationalist Opposition has already declared it will support the bill and will be putting forward proposals for "an effective law".

The Act had been in the pipeline for the last six years and is now expected to be enacted before parliament's summer recess. The enactment of the law forms part of the government's electoral programme, with Prime Minister Joseph Muscat having repeatedly promised it would be one of the first laws to pass under a Labour government.

Although both parties in Parliament have always backed the introduction a law which would  provide legal protection for individuals who disclose information so as to expose malpractice and matters of similar concern, it is expected that the new draft bill will include changes from the one presented in 2008.

In comments to MaltaToday, Owen Bonnici said the law aims to achieve a balance between someone who may have been involved in the illegality but wants to come clean. Provisions for further protection to whistleblowers will be included.

"The law will provide incentives for individuals to come forward and expose the illegality while seeking to create a balance where a person who was in the wrong is not awarded," Bonnici said.

He said the law would provide the constitutional entities - courts, Attorney General and police force - with new tools as to avoid having politicians being the ones to provide incentives.

"Decisions, incentives and forms of protection should be decided by bodies set up by law," the junior minister said.

The law is expected to strengthen procedures where a whistleblower could be given immunity and a new identity, depending on the case. This would be given by the Attorney General after consulting with the superior courts and the Police Commissioner.

Describing the government's law as "almost identical to the PN's in framework", shadow minister for justice Beppe Fenech Adami said he noted a change in government's position over the whistleblower's protection, if the whistleblower were to be an accomplice.

"Labour's initial stand was that a whistleblower should enjoy automatic protection irrespective of whether he's an accomplice or not. The new wording however appears to suggest a change of heart as protection is no longer absolute, giving courts the possibility to give a lighter sentence or terminate a sentence," Fenech Adami said.

The Nationalist Party's position is that a whistleblower who would also be an accomplice should not get off scot-free.

The PN was also against a clause included by the Labour government which gives the minister responsible of justice - in this case the Prime Minister - the faculty to declare that the provisions of the Whistleblower Act would not apply for a person or a group of persons without limiting the cases.