Government’s Whistleblower Bill will carry a retrospective setting and people will be able to “blow the whistle” on issues concerning the PNM Government as well as the previous administration, says Attorney General Faris Al-Rawi.
Al -Rawi noted this yesterday piloting the bill which seeks to combat corruption and wrongdoing. It’s geared to protect whistleblowers from intimidation, loss of job and other penalties if they disclose improper conditions such as corruption, illegal or unethical practices in the public and private sector.
“Today is D- Day, it’s about whistleblower law, it’s about justice,” Al- Rawi added.
He said when the bill had been examined by a Joint Select Committee in 2015, one Opposition Senator had “simply refused to support it.” The bill was redrafted because it infringed on Constitutional rights. It requires a special majority vote for passage.
Al-Rawi said the evidence was necessary to deal with corruption and wrong-doing and the bill was meant to encourage whistleblowers to come forward. Other legislation including the Unexplained Wealth legislation will complement this.
The AG said a ministry audit found thousands of fraud matters and hundreds in the courts. But matters aren’t proceeding as witnesses can’t be found, they’re frustrated by the preliminary inquiries, intimidation, threat of murder, assault, corruption and other situations.
He assured the bill would not be used for political discrimination since the action would have to be taken by the police not Government.
Both the current and previous Governments could be covered by whistleblower scrutiny.
He said, “We make ourselves subject to this law,” he said, noting the Prime Minister had said, “all tops must sit on their own bottom.”
He said if the PNM had brought the bill in its first year, it might have been seen as discriminatory but it’s being brought after four years of PNM Government.
He said Government had noted whistleblowers’ willingness to step forward since - prior to the idea of the bill- letters were received by the Housing and National Security Ministries and his own office regarding $147million worth of fraudulent activity.
Al-Rawi said anyone would be able to give information, from volunteers to contract workers. Twenty-one agencies - from the OSH Authority and FIU to TTPS and SECC - will be able to receive information. Complaints can be made on a wide range of issues from political opinion, race, creed, colour, environmental and health issues as well as a range of offences.
But anyone using the law to give false information will be subject to a jail term. Whistleblowers will have to present reasonable grounds, not just suspicion. Also , those who may be accomplices in an issue would not be exempted if they turn whistleblower . The anonymously given information will be received but won’t be protected. Businesses will also have to appoint whistleblower officers to receive information.
PM: Donaldson Honeywell was a whistleblower
ime Minister Keith Rowley, who also spoke said, there had been whistleblowers including Eleanor Donaldson-Honeywell.
She had worked in the Attorney General’s office as Solicitor General. He noted she had written the former prime minister on criminal conduct.
However. this was sent to the then Attorney General- That was Anand Ramlogan. Donaldson -Honeywell later quit the AG’s office.
Rowley said no one was forcing anyone to come forward as whistleblowers and people will have to volunteer information they feel will be in the public good. He said the Opposition’s arguments that inducement might be used to get information was “ a poor defence for today’s headline.”
He said 95 per cent of corruption in the public sector has some connection to the private sector. Noting that the grease that turns the state sector was public funds, he added “We say someone knows something and we want these people to talk,”
Rowley said there is, for example, strong public sector resistance to a Cabinet directive to have Government vehicles marked in order to prevent abuse of vehicles for which the state pays.
He said the public sector pretends they’re unaware of the directive, don’t do it and wait Government out.
Rowley trashed UNC MP Roodal Moonilal’s complaints about the bill. Rowley compared it to the stance of a cousin whom he said didn’t want to get married “because he’s afraid to get horned.”
He also refuted Monnilal’s claim that some people - including former Port officials- who were whistleblowers had been fired.