The Whistleblower Act that was approved by Parliament on 16 July,, just before the House rose for its summer recess, will come into force on 15 September, according to a legal notice published this week.

The long-awaited Act will allow various forms of protection for whistleblowers who come forward to expose corrupt practices. It will be the Attorney-General who, at the end of the day, decides whether an informer will emerge scot-free, is given immunity, faces penalties or jail sentences, or is granted an identity change, after consultation with the Commissioner of Police and the Chief Justice.

Every company (apart from SMEs) and government department will establish a whistle-blowing unit which, if it receives information related to a crime, will pass this on to a specially set up external whistle-blowing unit. Small and medium-sized enterprises will not be required to set up there own internal unit to avoid them incurring extra expense.

Informers may also be admitted to the Witness Protection Programme.

“We cannot give blanket protection and adopt a one-size-fits-all approach; this law will encourage individuals to uncover crimes,” Parliamentary Secretary for Justice Owen Bonnici explained last month.

He said that the aim was to provide as many tools as possible to encourage people to come forward and provide information related to a crime, while criticising claims made by the Opposition that the principles of the Act presented by this government are identical to the ones presented during the past legislature by a PN-led government.

“The law will bring our country in line with the Council of Europe’s recommendations regarding the protection that should be given to the whistleblower,” Dr Bonnici stressed.

He pointed out that the government sought to strike a balance: on the one hand making sure that people who commit a crime are held accountable and on the other taking into consideration how society would benefit from the exposure of a crime.