No cover for whistleblowers who go public

Potential whistleblowers will not be protected under the Whistleblowers Protection Act if they divulge information to the media, a deputy minister said today.

Deputy Minister in the Prime Minister’s Department Datuk VK Liew told Parliament the government would not be compelled to protect those who revealed information openly through the media.

“The people who expose secrets to the media, can they receive protection? My answer is that they will not be protected because it is not in accordance with subsection rules 7 (1) which states that an informant will be protected when his or her testimony is received by an enforcement agency.

“The definition of enforcement agency does not include the media.

“It’s also irresponsible for them to go to the media, because it can affect any on-going investigation,” said Liew.

The matter became an issue when it was challenged by Batu Gajah MP, Fong Koh Puan, who claimed that there were no specific provisions in the bill which prevented informants from talking to the media.

“If you read section two of the bill, a whistleblower is someone who gives information to an agency. There is nothing to say or suggest that it must be done in secret, that they cannot tell the media,” she said in Parliament.

Liew maintained that any investigations based on whistleblowers’ information should be done on an internal level, and stated that there was no need for a special agency to be established.

“This will include additional costs and we would also have to look at aspects such as logistics and human resource; what we have is already sufficient,” Liew said.

This matter also became a point of contention as Pakatan Rakyat lawmakers spoke out on the need to have a separate agency to carry out investigations on whistleblowers.

Fong questioned the transparency of any such an investigation, as there would be no safeguards against whistleblowers’ testimonies being possibly tampered with.

“I think they should have individual independent body to conduct [such an] investigation. The definition of an enforcement agency is more of an internal thing, how can you convince people it will be transparent?

“Let’s say you are from the Tourism department [and] you want to complain about the immigration department, these departments have connecting channels. How sure are you that the whistleblower’s testimony is safe?” Fong said to The Malaysian Insider, recounting the point that she had raised earlier in Parliament.

The opposition has long called for a law to protect whistleblowers and informants, especially given the widespread allegations of corruption within government agencies.

The Bill included protection for whistleblowers who disclose improper conduct in any public or private bodies to any enforcement agency, though what may be revealed is governed by existing laws.

It also provided for whistleblowers to lodge complaints on the improper conduct of MPs and state lawmakers.

Under Clause 6 (2) (b) of the Bill, it was stated that whistleblowers can reveal any improper conduct even prior to the commencement of the law.

Clause 7 (1) of the Bill provided that whistleblowers revealing any improper conduct by any enforcement agency would have their confidential information protected, immunity from civil and criminal prosecution, and protection against detrimental action.

In the private sector, whistleblowers would be protected from their employers upon lodging their complaints, as provided under Clause 10 (5) of the Bill.

The Bill was conceived during the administration of Tun Abdullah Ahmad Badawi, who had vowed to make the fight against graft the hallmark of his government

The Bill was subsequently passed without any changes by the Dewan Rakyat after the debate.



comments


The problem is can you really trust the law enforcement agencies???

The BN government is always like that. When they pass a law in Parliament they always ensure that there is a loop hole for them to protect their members.

The answer by the deputy VK LIew only confirmed that the government is not sincere in transparency and is not serious in combating crimes and corruption or anything at all. Just like the NEM .On one hand they say about fairness and opportunity for all and the next instance the Malays have special rights and privileges.
And then there is the wistleblower protection but one will not be protected if one blows it in other places but only if in the government's secret room. One could be terminated if its not good for the government?
What a bunch of jokers we have as our ministers. Its time for a change - vote them out. Wake up my Malay brothers and sisters. Together we advance and prosper.