Ministry of Justice

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Minister of Justice and Attorney General, Senator Dorothy Lightbourne

Minister of Justice and Attorney General, Senator Dorothy Lightbourne, tabled a Green Paper on the proposed Whistleblower legislation in the Senate on May 2.

According to Senator Lightbourne the Green Paper sets out the broad outline of the concept; the principal characteristic features of the whistleblower legislation as it has developed internationally; certain relevant issues that arise for policy decision; and gives the Government's provisional views on certain aspects of the whistle blower regime.

She also informed that the document would be widely circulated throughout Jamaica, so as to provide adequate opportunity for interested civil society groups and the public at large to submit their views on the issues raised and preliminary proposals.

"All the various contributions will then be taken into account in refining the provisions to be embodied in the legislation," Senator Lightbourne said.

The Minister cited some of the main features of the whistleblower legislation internationally, which include the identification of the types of disclosures which would attract protection under the law; and definition of the coverage of the legislation, both as it relates to the persons entitled to make disclosures and the sector to which the law should apply.

"The international trend is for the whistleblower legislation to limit the entitlement to make disclosures to employees. There have, however, been vigorous objections in certain quarters of this approach, on the basis that this unjustifiably excludes deserving categories of persons outside the employment context, for example students, consumers, and retirees," Senator Lightbourne said.

"This is therefore an area which would benefit from the input of interest groups and the wider public by way of the consultative process," she added.

Senator Lightbourne said there does not appear to be a clear consensus as to whether the law should be restricted to the public sector or should cover both public and private sectors.

"The lines of demarcation between the two sectors have become blurred in certain respects, and it may well be desirable for the scope of the legislation to be broadened. Again, active public debate on the matter generated by the participation of the public will help to clarify the policy to be adopted," the Minister said.

Other features of the whistleblower legislation include a clear statement of the procedures dealing with disclosures; types of protection or remedies available to whistleblowers and invalidation of contractual provisions prohibiting disclosures.

Whistleblowing may be described as the making of a disclosure about an act of wrong doing or procedural breach which occurs within an organisation usually in the public sector, but sometimes in the private sector as well.

The concept of whistleblowing has been gaining international prominence over the last several years and is widely regarded as a vital tool in the on-going battle against corruption in national life.

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