On our radar
No movement on government’s promise of whistleblower legislation
Timeline
June 2007 The provincial government releases Justice Derek Green’s report on the constituency allowance spending scandal. It offers 80 recommendations for restoring public confidence in the political system. The constituency spending scandal resulted in criminal convictions for four then-current and former MHAs. Amongst its recommendations, the report calls for the implementation of whistleblower legislation to protect employees who report wrongdoing within government. Premier Danny Williams tells media that to fully implement the report would require extensive legislative changes.
September 2007 During a televised leaders’ debate for the provincial election campaign, NDP Leader Lorraine Michael says she has received late-night phone calls from provincial employees expressing concerns about potential problems within government. Williams reacts angrily to the suggestion those employees would be afraid to come forward with such information.
October 2007 On the campaign trail in Carbonear, Williams tells reporters his government will implement whistleblower legislation in the first session of the legislature following the election that same month. “The very first session of the House that we have, that’s something we’ll have a look at,” he said.
May 2008 Justice Minister Jerome Kennedy, in response to a question from the Liberals in the House of Assembly about the status of whistleblower legislation, says the government is working on the legislation, but that it will not be ready until the House resumes sitting in the fall.
Summer 2008 Bill 33 is passed in response to the Green Report. It covers workers who report alleged wrongdoing related to operations of the House of Assembly. It does not apply to government departments and other public bodies.
December 2008 In a year-end interview with The Telegram, Williams acknowledges he has not kept the promise to enact whistleblower legislation. He calls it a complex piece of legislation and says it needs to be done properly.
May 2009 Williams says he wants to make sure proposed whistleblower legislation is not used by those with “a personal vendetta against government for the wrong reasons.”
December 2009 In another year-end interview, Williams maintains that whistleblower legislation is being studied and says government officials are looking at existing legislation from around the world. He reiterates that any potential legislation should not be used for vindictive purposes.
December 2010 Justice Minister Felix Collins tells the House of Assembly the government has worked on whistleblower legislation, but that it is waiting to see how other provinces that already have such legislation are dealing with “growing pains” related to its enactment.
April 2011 Liberal Leader Yvonne Jones introduces a private member’s motion calling on the government to introduce whistleblower legislation. It is defeated.
November 2011 In his annual report, citizens’ representative Barry Fleming raises the issue of whistleblowers, noting he cannot protect public servants who come to him as potential whistleblowers. Collins, still serving as minister of justice, is unwilling to commit to timelines when questioned by The Telegram.
February 2012 The City of St. John’s passes a whistleblower bylaw to protect workers who expose dangerous, illegal or improper practices at the city.
May 2012 Collins tells the House of Assembly there are problems in every jurisdiction where whistleblower legislation has been enacted. He says that since federal legislation was put in place, there have been 228 complaints, nine investigations and no findings of misconduct.
March 2013 In a statement released to The Telegram, Justice Minister Darin King said whistleblower legislation “is complex and will have far-reaching implications for” the province’s public sector. He said the government must ensure it fits the province’s requirements, adding there are higher priorities for the department to deal with at this time and that such legislation “is not expected to be brought forward during this session” of the House.
What we want to know: is the government still committed to introducing whistleblower legislation to protect publicsector workers, and if so, when can the public expect to see this legislation introduced?