Although aware that corruption exists, most Maltese respondents to a Transparency International study admitted they fear reprisals if they come forward.
In view of the details that emerged over the past months showing how widespread the web of corruption is, they can hardly be blamed.
Furthermore, the Whistleblower Act, approved by parliament in late 2013 to address such situations, never really took off and has still to be brought in line with an EU directive on the subject.
The Transparency International study found that only nine per cent of respondents think corruption is no problem at all within the national government and five per cent say they do not have an opinion. The rest deem government corruption to be a very big problem, quite big or very small, in that order.
Still, only a handful of ‘whistleblowers’ have come forward, most, if not all, ending up being persecuted if not prosecuted, with the alleged wrongdoers laughing all the way to their fat bank accounts. No wonder 56 per cent of the survey respondents are hesitant to speak up.
Possibly, most of them do not realise that legislation is in place to protect them, which does not say much of those whose duty it is to inform citizens of their rights. If public funds can be used to promote a minister’s, or, rather, a ministry’s, achievements, surely a publicity campaign on, say, the Whistleblower Act or the Freedom of Information Act, to mention just two pieces of legislation of direct interest to citizens, would be justified, indeed commendable.
An analysis by NGO Blueprint for Free Speech had found in 2018 that Malta’s whistleblower protection was among Europe’s best, at least on paper. But the devil is always in the detail.
The law as it stands, for instance, prohibits the disclosure of a whistleblower’s identity but does not make that subject to a specific criminal penalty. It also restricts protection to “employees” and gives the justice minister sweeping powers to decide who is or is not to be granted whistleblower status.
Sadly, there appears to be little political will to update this law, although that is likely to have to change soon.
Earlier this year, Whistleblowing International Network reported that Malta is one of just five member states that have still to start work on transposing an EU whistleblowing directive into law, which must happen by December 17.
It quoted the Minister for Justice, Equality and Governance saying that ‘Strategy Support’ will become the coordinating office for the transposition exercise, which would require amendments to the law in force.
The government has six months to change the law and, with a general election around the corner, that risks either not happening at all or being a rushed job.
Given the subject matter is of public interest, it would be desirable to hold a public consultation exercise before the bill is eventually debated in parliament and decided upon.
The government says the aim of the Whistleblower Act is “to raise the alarm on an act of corruption or illegality… safely”.
When the law was enacted, it insisted it was committed to strengthening the fight for good governance, adding that this piece of legislation “is an important pillar for a better and fairer society”.
That does not seem to have happened quite as envisaged. Far from it. But one should look ahead.
The Whistleblower Act needs urgent attention to put law-abiding citizens’ minds at rest they can report any misdeeds without fear of reprisals.