The European Union is looking towards instituting stronger laws on whistleblower protection as the European Parliament prepares to discuss the Commission’s proposals on the matter.

Nationalist MEP Francis Zammit Dimech said the discussion would be “one step closer to whistleblower protection across the EU.”

Ex-FIAU investigator Jonathan Ferris began legal action last week over the refusal to give him whistleblower status. Photo: Chris Sant Fournier

Last April, the European Commission proposed a new law to strengthen legislation safeguarding whistleblowers.

Read: Whistleblower protection: Commission sets new, EU-wide rules

It set out to ensure protection for those who speak out over breaches of EU legislation in the areas of public procurement, terrorist financing and money laundering, among others.

The Commission also suggested setting up protection mechanisms, including clear reporting channels set out on three tiers.

The first tier would look at internal reporting channels, while the second would ensure that the reporting was passed to the competent authorities.

The government boasts of the Act but only uses it to award tenders to whistleblowers who please it

In the third tier, if no appropriate action was taken after reporting through these channels or in the case of an imminent or clear danger to the public, the Commission suggested the information be passed to the media.

The proposals will now be making their way to the European Parliament. The committee responsible for media has been given until early October to prepare its position, a spokesman for Dr Zammit Dimech said.

Read: Whistleblowers ‘deserve independent protection’

The proposed EU-wide standards seek to develop mechanisms to protect whistleblowers against retaliation. “If a whistleblower suffers retaliation, he or she should have access to free advice and adequate remedies,” the Commission proposed last April.

“The burden of proof will be reversed in cases of effective protection, so that the person or organisation must prove that they are not acting in retaliation against the whistleblower,” the Commission suggested.

Whistleblowers should also be protected in judicial proceedings, in particular through an exemption from liability for disclosing the information.

Italian MEP Curzio Maltese has been appointed lead rapporteur on the legislation concerning whistleblowers, while Dr Zammit Dimech was appointed as the European People’s Party rapporteur.

Reacting to his appointment, Dr Zammit Dimech said people would not have been made aware of scandals like the Panama Papers or Cambridge Analytica were it not for whistleblowers.

“Legislation has to be strengthened, because the Maltese government boasts of a Whistleblower Act but is only using it to protect and award tenders to whistleblowers who please it,” he said.

After being granted whistleblower status, Gozitan building contractor Joseph Cauchi received a number of direct orders and tenders connected to government school projects.

Meanwhile, former FIAU official Jonathan Ferris initiated legal action against the authorities this week after being denied whistleblower status.

The Commission’s proposal will be scrutinised by the Committee on Legal Affairs, of which Dr Zammit Dimech is a member.