Justice and Governance Minister Edward Zammit Lewis has announced amendments to the Informant Protection Act better known as the Whistle-blower Act.
During a press conference, Minister Zammit Lewis explained that this law (Chapter 527 of the Laws of Malta) of September 2013 was intended to provide protection to persons who report inappropriate practices and acts. poor workplace. Malta is privileged because it is one of the only 10 countries in the European Union that have this law.
The minister stated that, “The amendments being announced today will lead to Malta meeting the European Directive which ensures that all Member States have high and common standards of protection for whistle-blowers.”
The first proposed amendment will deal with the way in which such infringements are reported. This can be done in three ways.
Through a dedicated whistle-blower reporting officer – this official has a duty to refer the report for further follow-up, depending on the nature of the act, while maintaining the identity of the reporting person in strict confidentiality. The “facilitators” principle will be introduced – people who assist the whistle-blower in making the report. In case one is unable to report internally, or the report is not effectively investigated.
The second means is to report externally to one of the following competent authorities: the Commissioner of Taxes; the Financial Information Analysis Body; the Malta Financial Services Authority; the Commissioner for Voluntary Organization; the Permanent Commission Against Corruption; and the Ombudsman.
The third way is to put the information on the internet. It is used when the reported breach may be a danger to the public interest or when there is a clear risk of retaliation if it is reported externally.
The second amendment will broaden several important meanings that are not part of the current Act.
Employee, will also refer to shareholders and persons belonging to the administrative, management or supervisory body in a company and persons who are in a pre-contractual relationship with the employer,
An inappropriate practice, this phrase has been expanded to include a number of new cases that constitute this practice, including public procurement, and financial services.
“Detriment at work” lists several that can be considered as retaliation against the informant, they do not apply if there are justifiable circumstances.
A “work-related context” clarifies that past and current workplace activities may be mentioned in a disclosure in the event of an inappropriate practice.
It will contain new provisions on record keeping.
