The Whistleblower Act that was approved by Parliament on 16 July, just before the House rose for its summer recess, came into force on Sunday.
Addressing a press conference, parliamentary secretary Owen Bonnici said that since Parliament enacted the law all administrative work was put into place.
All ministries now have an official who is responsible to receive reports from informers, while the Cabinet Office at Castille has been tasked with the duties of external whistle-blowing unit. The Cabinet Office director general, Marie - Lourdes Grech acts as head of the external whistle-blowing unit.
The act will allow various forms of protection for whistleblowers who come forward to expose corrupt practices. It will be the Attorney-General who will ultimately decide 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.
Dr Bonnici said the new law will result in a huge mentality change because it protects and gives incentives to informers who act in good faith.
By means of the Act, any employee or service provider will be able to report wrong doings in the public or private sector since both the government and large private companies are subject to the law. This can be applied retroactively. Small companies may eventually also be covered by the Act.
A whistle-blowing officer in every ministry has been appointed to receive and investigate reports. However, employees also have the option of sending reports related to their entity, to the External Whistle Blowing Unit, if they feel uncomfortable approaching the officer at their respective ministry.
The External Whistle Blowing Unit, which will function in parallel to the Internal Audit and Investigations Department (IAID), will supervise the work of officers at the various ministries and deal with reports filed directly to it.
Whistle-blowing officers are Category A civil servants, meaning they serve the roles of assistant director and higher appointments. The new duties will be over and above usual tasks.
Dr Bonnici further explained that the whistle blowers’ identity should not be revealed unless consent is given by the informer.
Reports by employees of private companies are to be made to respective authorities, as listed in the law, and which include the Malta Financial Services Authority. The Ombudsman will deal with, and refer complaints which are sent to the wrong authority or office.
Over the past months, several meetings between the Attorney General and government officials took place to understand what is required by law. Basic procedural guidelines have also been set. Information material has also been drawn up with the Attorney General and this will be distributed and made available online.