PM unveils Whistleblowers Act, announces anti-corruption 'special investigator'

Prime Minister Lawrence Gonzi and Justice and Home Affairs minister Carm Mifsud Bonnici have launched the Whistleblowers act and announced the setting up of a Special Investigator at the Permanent Commission against Corruption.

30 September 2010, 12:00am
by Karl Stagno-Navarra

2 min read

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The 2010 Whistleblowers Act (in Maltese)

The Act to amend the Permanent Commissioner Against Corruption (in Maltese)

MORE: Good Governance document (in Maltese)

Prime Minister Lawrence Gonzi has presented a Whistleblowers’ Act and amendments to the law governing the Permanent Commission against Corruption.

The law provides for the protection of who reports not just acts of corruption in the public or private sector, but also for reports of irregularities in both sectors.

During a press conference at Castille, the prime minister said that the law will be retroactive and apply to all past reports: “My government has nothing to fear,” Gonzi said.

Gonzi said the withdrawal of the Labour opposition from the Select Committee for the Strengthening of Democracy meant he could not commit himself to a date when the law would come into force.

He said any debate would have to take place in parliament, including detailed interventions and participation from both sides of the House.

Justice minister Carm Mifsud Bonnici, who piloted the draft, explained that the private sector will be obliged to set up a ‘whistleblower’s office’, to allow persons and employees to come forward with information about any irregularity.

Whistleblowers can report to the head or deputy head of the organisation if the organisation does not have an established procedure, or the whistleblower official may be involved or could have a conflict of interest.

The law will protect whistleblowers by rendering them immune from civil or criminal prosecution or disciplinary measures, and their identity cannot be revealed by the official receiving the protected information unless the person consents.

People who reported illegal behaviour by their employers may not be victimised, discriminated upon or intimated. Nor can they face criminal, civil or disciplinary action as long as they would not have been accomplices in the actions complained of. Should action be taken against whistleblowers, they would be able to start legal proceedings, free of charge, in the civil courts.

The law will not apply to members of the police force and the army, prison warders, and security service operatives and legal information covered by the Professional Secrets Act is not covered by the Whistleblower Act.

With regards to the PCAC, the minister said 400 cases had been investigated in the 22 years since it was set-up. "Now it is time to further strengthen the powers given to this commission, by setting up a special prosecutor/investigator, who will be responsible to push cases to the police and competent authorities."

More from Karl Stagno-Navarra

Micheal Bonanno •

Dejjem tmaqdar lill-oppozizzjoni! Imma skuzi, xi tridha taghmel? Tnizzel il-poplu fit-toroq? Taf li l-poplu lluppjat u ma jridx jinzel fit-toroq? Tiftakar meta saret il-protesta kontra t-tariffi? Il-poplu gie lluppjat u l-ebda bomba mhi se tqajjmu. Illum l-ahjar mezzi kemm ghall-oppozizzjoni u kemm ghal gvern saret il-media. Il-battalja politika minn hemm qieghda ssir. Imma gwaj wiehed hemm. F'dan il-kamp hemm deficit kontra l-oppozizzjoni. U li qieghed jigri hu li ghal kull kelma li tghid l-oppozizzjoni, hemm disgha li jmeruha. Zmien il-militantizmu spicca. Il-poplu spicca bla hegga. Niggarantilek jien, li jekk jitla l-PL fil-Gvern, il-militantizmu f'Malta jerga jqum. In-Nazzjonalisti ghalhekk maghrufa hafna. Il-PL ma jazzardax, ghax mixghuf, u kif inhi s-sitwazzjoni, ma tantx jista jiccaqlaq il-PL. Jekk xi hadd kumbinazzjoni jkisser hgiega, l-ghada jibdew jghidu li tkissru l-hwienet. So, better safe than sorry.

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QUOTE:When that happens, Dr Gonzi, rest assured that Labour will return to the table and show you the real way of running the country. The fact that from the opposition the PL is making a difference augurs very well for the time when it will be in government. COMMENT: Quite an amazing statement. It's always nice to dream that this country will finally elect the government it deserves. Unfortunately a dysfunctional opposition like the PL that is part of the problem rather than part of the solution cannot be considered as a government in waiting. A party calling itself PROBRESSIVE & MODERATE that over the last 2 years has provided shallow leadership and weak opposition cannot even be considered as an alternative. What happened to the earthquake? The electorate is still waiting. Changing party labels and choosing horrendous emblems do not elect governments. The people are fed up seeing their taxes evaporating in corruption while a disjointed oppostion reacts through hollow speech rather than affIrmative action. At present the PL represents a political party where appointments are promoted for the sake of change or paybacks and Mile End resembles an asylum where the Old Labour mentality has once again taken control. A leadership who are more pre-occupied with image control and a coat of teflon, rather than doing something relevant to stop this political imbroglio in their own country. That KIND OF LEADERSHIP my friend is FRAUDULENT.

Brandon Johnson •

What the government is proposing now is something that has been promised for a very long time, and yet it took 22 years to get the ball rolling. If Gonzi is to keep on whining about the reason why Labour retired from the select committee, then he should look onto his holier than thou MPs and ask them to apologise. If we are talking about strengthening democracy, then what happened in parliament and heard by all of Malta needs to be apologised for. When that happens, Dr Gonzi, rest assured that Labour will return to the table and show you the real way of running the country. The fact that from the opposition the PL is making a difference augurs very well for the time when it will be in government.

Micheal Bonanno •

My thoughts exactly!

Joseph Pellicano •

mela ma baqalomx izjed xjisirqu

Charles Caruana •

With his back against the wall, Dr Gonzi is trying to impress us that he means action. But how can we believe him that this is not (again) a perception exercise, like the Commission against Corruption, when this Commission did not see ONE single act of corruption for the last 23 years? This plague of corruption has sucked dry the marrow from our bones. A "special investigator" with a blue pedigree and eyes wide shut,will be just an other GonziPN cynical exercise.

Alfred Galea •

Smoke and mirrors..... [ During a press conference at Castille, the prime minister said that the law will be retroactive and apply to all past reports: “My government has nothing to fear,” Gonzi said. Gonzi said the withdrawal of the Labour opposition from the Select Committee for the Strengthening of Democracy meant he could not commit himself to a date when the law would come into force.] If his government has nothing to fear then why not retroactive?? And if the PL doesn't go back to the SCSD does it mean that all this is just hotair?? I cannot understand how a PM can day all this with a straight face....

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As long as the committee is not saturated by gonziPN supporters all is well. Then lets start with BWSC, then Tonio's Villa, and what really happened at Sliema council. Otherwise it is just the usual spitting into the air.

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who are in the comittee ? and who have appointed them?

Luke Camilleri •

Gibt il-Poplu jsaffar bla suffara int u l-kaxxier tieghek , Dr. Gonzi ! Hallik mis-suffara u mur kellem ftit il-Kaxxier tieghek ghax qieghed jifqaghna biz-zidiet.... u mhux fil paga, f'kollox barra il-paga! Lanqas nafforja seftura, naghmel l-alterazzjonijiet fid-dar u nara xi loghba barra l-pajjiz b'xi private jet ma nista b'din iz-zieda STORIKA li ha japprova is-sena id-diehla. U dan barra il-vaganzi li ha jisirqilna ghax gejjin fil-Weekend. Mill-bidu ta-sena jurik!