Trinidad And Tobago Government Introduces Whistle Blower Legislation

PORT OF SPAIN, Trinidad (CMC) — The Trinidad and Tobago government has tabled whistle blower legislation, designed to tackle corruption, by introducing fines and jail-time for persons who seek to hinder others from coming forward to report criminal activities.

Attorney General Faris Al Rawi told Parliament, last week Friday, that the new legislation, which has been referred to a Parliament committee for detailed study, is also intended to improve the detection and conviction rates in Trinidad and Tobago.

“Far too often this nation is riddled with very public allegation resembling certainty of crime, corruption, murder and mayhem. Everyone suspects who is guilty but no one steps forward to testify to guilt bearing evidence.

“The reason is clear. The fear of victimization and reprisal for honest exposure is not only perceived but real. Witness protection is a mere platitude in reality. Corruption occurs blatantly in public institutions and state enterprises and yet no trace can be testified to by a single living soul,’ Al Rawi told legislators.

He said the Keith Rowley government is introducing as a matter of a priority, Whistleblower Protection Legislation, to allow exposure of corrupt activities through the Integrity Commission, review and improve the Public Procurement Act, in order to remove loopholes, limitations and weakness that currently exist in the legislation.

In addition, he said it would also enact and implement appropriate Campaign Finance Legislation, drawing on the experience of models successfully in use in developed countries such as the United Kingdom and the United States.

Al Rawi said the government would also support an “efficient and legitimate Criminal Justice System towards crime prevention, law enforcement and the protection of all human rights” as well as the appointment of a Commissioner of Police, address Prison legislation and Penal Reform.

He said the introduction of the Whisleblower Protection Bill 2015 “represents the making of legislation which will protect those who may know, those who may have seen, those who may have heard and of course those who may be too afraid to disclose information of scandalous and deliberate acts of corruption and criminality all too often hidden behind closed doors within the public and private arenas. “We firmly believe that corruption is a transgression, a crime which has been not just swept under the preverbal rug but has been almost inherent within our society.”

The Attorney General said that under the last administration,” it was somewhat accepted as a blind eye was always turned on flagrant mishaps, misstatements, missteps and mistakes.

“We however remain committed to the fabric of our country’s conciseness and know that in order to truly enjoy the roses we must cut the thorns. This country can no longer suffer the likes of Lifesport, Prisongate, Emailgate, Wastewater Treatment Plant Scandal, New Flying Squadgate, Firetruckgate and so many more,” he said.

He said the proposed legislation comes at a  time when the new government believes “that there are many decent and God fearing people who are willing to testify as to crime and criminality within the public and private sectors provided that they are clothed with adequate protection.

“Madam Speaker the Government has scrutinized several models of legislation from jurisdictions including the United Kingdom, Canada, the USA, Malta, Jamaica and Malaysia,” Al Rawi said, adding that  the new legislation  is a hybrid of the Malaysian, Jamaican and Maltese models.

“Madam Speaker the objectives of the proposed Bill include the desire to combat corruption and other wrongdoings,  while we encourage and facilitate disclosures of improper conduct in the public and private sector, protect persons making those disclosures from detrimental action, regulate the receiving, investigating or otherwise dealing with disclosures of improper conduct and to provide for other matters connected.

“Madam Speaker the dominant feature of the proposed Bill is the protection and immunity from civil and criminal suit for those so termed Whistleblowers; who may want to disclose forms of “improper conduct” within their places of employment – be it in the public or private sector.”

He said the legislation  allow whistleblowers to be protected from “detrimental action” including victimization, harassment, suspension, adverse reference, and injury loss or damage to employment, family life, career, profession, trade or business.

But he said that malicious or fraudulent action on the part of the whistleblower is condemned and criminalized and that the bill will allow for whistleblowers to be protected via a system of protected or anonymous internal and external disclosures made orally or in writing to either a whistleblower reporting officer in organizations and/or to a special Whistleblowing Reports Unit of a designated authority.

“The proposed Bill is strict as to the observation of secrecy and confidentiality with respect to disclosures made. The Bill will seek to encourage whistleblowers who commit crimes to come forward by encouraging a system of mitigation and reward.

“Breaches of the proposed Bill are proposed to attract serious criminal and civil sanctions. Access to the Court is guaranteed. Obstruction of whistleblowers and destruction of documents and evidence are severely punished,’ Al Rawi told legislators.