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Karl Schembri
Home Affairs Minister Tonio Borg has ruled out a Whistleblower Act in the immediate future, saying new legislation was “not indispensable” to protect whistleblowers.
Replying to a parliamentary question by Labour MP Leo Brincat, Borg said there were enough laws giving immunity to whoever exposes corruption and other crimes.
“The drafting of a Whistleblowing Act is not in the government’s immediate legislative programme,” Borg said.
But despite Borg’s allegations, government’s plans – in the pipeline since Eddie Fenech Adami was prime minister – to introduce protection for civil servants who expose corruption as part of the civil service reform remain shelved, providing no procedure of immunity whatsoever to conscientious whistleblowers.
Despite the stakeholders’ reactions given to the White Paper on civil service reform way back in February 2004, the important protection of whistleblowers from victimisation enshrined in the draft remains just a reality on paper.
“There is no procedure a civil servant can follow to be guaranteed protection from victimisation if he or she decides to expose any wrongdoing, except that of reporting it to their superiors,” said UHM secretary for government workers Mario Sacco. “It is an arbitrary procedure which exposes workers to victimisation, particularly if the wrongdoing is committed by their very own superiors.”
Meanwhile the prime minister did not register any developments about a Freedom of Information Act when asked also in Parliament by Brincat.
Last year, the prime minister said he was “evaluating the viability” of introducing freedom of information legislation that would lift a great part of the veil of secrecy over the civil service and government corridors.
Malta is flanked by only Cyprus and Luxembourg of all the 25 European Union member states not having a Freedom of Information Act that gives citizens the right to direct and unfettered access to information held by all government departments, agencies and authorities.
The introduction of the Data Protection Act, in force since 2003, without an accompanying Freedom of Information Act, has only created an information lacuna when it comes to releasing information in the public interest. Also, the Church and political parties have been exempted from data protection obligations, allowing them to keep secret databases which owned by other organisations would be illegal.
Meanwhile, on 3 May – World Press Freedom Day – Maltese journalists from diverse media will be announcing the setting up of a new organisation – The Journalists’ Committee – to fight for journalists’ rights and defend press freedoms.
The Committee will be campaigning for a Freedom of Information Act, a Whistleblower Act, an overhaul of the Press Act and libel laws, and plans to organise a national seminar on Freedom of Information this year.
It will also monitor statements made by public figures concerning journalism and freedom of the press and about its members, new laws, regulations and decisions of government and public institutions that are of relevance to journalism, pending libel cases, court decisions and sentences.
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