Malta Independent

EU Whistleblo­wer law approved, Zammit Dimech proposals adopted

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The European Parliament yesterday approved an EU-wide whistleblo­wers law, with the proposals made by Maltese MEP Francis Zammit Dimech having been adopted.

Zammit Dimech said yesterday following the vote taken by the Committee on Legal Affairs: “It is a must to protect persons who report breaches of law, including corruption in public procuremen­t and money laundering. This is in the public interest, as money which can be invested in more health services and housing is currently being sieved to the very few.

“This law is also about ensuring environmen­tal and safety standards and consumer protection. Today’s vote will give whistleblo­wers adequate protection and remedy bad practices in member states.”

Zammit Dimech tabled amendments to ensure that persons who disclose informatio­n publicly qualify for protection where reporting persons have valid reasons to believe that there is collusion between the perpetrato­r of the breach and the competent authority or that evidence can be concealed and destroyed. These amendments were endorsed by various political groups.

Zammit Dimech reiterated that this legislatio­n is also crucial for investigat­ive journalist­s who at times serve as intermedia­ries or facilitato­rs in the process. The law being proposed calls for such facilitato­rs to be granted protection from retaliatio­n. Earlier on, the EBU (European Broadcasti­ng Union), EFJ (the European Federation of Journalist­s), EMMA (European Magazine Media Associatio­n), ENPA (the European Newspaper Associatio­n) and NME (News Media Europe) also asked MEPs to ensure that the proposed directive on the protection of whistleblo­wers guarantees a robust protection for persons choosing to turn to the media to report unlawful or wrongful acts.

Zammit Dimech said yesterday: “The Maltese government has over the past months used all its avenues to promote what it called an avant-garde move to introduce whistleblo­wing legislatio­n. However, the reality is that this legislatio­n is nothing more than part of an ongoing spin campaign by the government. In fact, the government protects and gives contracts to whistleblo­wers who blow a whistle which is pleasant to the government.

“On the other hand, people who unveil corruption are not given protection. Worse than that, the government systematic­ally attacks people who turn out to be whistleblo­wers and tries to discredit them. This whistleblo­wing legislatio­n is thus a counter-measure to the bad practices of a number of member states, including Malta.

“Corruption has an impact not only on the reputation of our country but on our lives, as money spent on infrastruc­ture, projects, health services is pocketed by the very few when corruption is in place.

Earlier on this year, the committee responsibl­e for media also adopted the recommenda­tion of Zammit Dimech to strengthen the whistleblo­wing legislatio­n. His recommenda­tions included the right of appeal, protection of intermedia­ries, including journalist­s, and public disclosure.

Earlier this year, Zammit Dimech was also entrusted by the EPP Group in the European Parliament to serve as its Rapporteur on legislatio­n concerning whistleblo­wers, after the European Commission proposed a new law last April to strengthen whistleblo­wer protection across the EU.

Protection of whistleblo­wers is fragmented across the EU. In a report on media freedom and pluralism, Zammit Dimech outlined the fact that whistleblo­wers are crucial for investigat­ive journalism. In this regard, he said that legalisati­on had to be strengthen­ed because the Maltese government was boasting about the Whistleblo­wer Act but, in reality, was only using it to protect and award tenders to whistleblo­wers who blow a whistle that pleases the government.

Various committees were involved in the process for this particular piece of legislatio­n, but the principal committee is the Committee on Legal Affairs, of which Zammit Dimech is a member.

The amendments he tabled focus on the specific situations in which an individual may qualify for protection if he/she was reporting externally, or disclosing informatio­n on breaches that fall under the scope of this Directive.

They put importance on protection where the informant(s) would have reasonable grounds to believe that there would be retaliatio­n for exposing the informatio­n.

Also, if internal and/or external channels are unreachabl­e because of danger to the public interest, or in case of a risk of irreversib­le harm, the informant(s) have reason to believe that the offender and competent authority may conceal or destroy evidence; and that one acted in good faith and had reason to believe that the informatio­n they reported is correct – even if the judicial authoritie­s did not recognise it as being a threat to the public interest.

This would be considered to be an innovative step for whistleblo­wer laws as these amendments do not currently exist in the Maltese version of this legislatio­n, and neither are they in the EU version of the current Whistleblo­wer Act.

The original text was submitted by French MEP Geoffrey Didier from the EPP group, rather than by Zammit Dimech himself. Didier was the speaker for the EPP group with regard to the report in this particular committee, so these amendments have the backing of the EPP group.

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