KUALA LUMPUR – The government is in the midst of reviewing the Whistleblower Protection Act 2010 to close any potential loopholes, said the Prime Minister’s Department.
Punitha Silivarajoo, the director (policy section) of the Legal Affairs Division, said a committee had been set up to review the piece of legislation with several enforcement agencies and government-linked companies (GLCs) to better reflect what is happening on the ground.
“A workshop was conducted with experts from the United Nations Office on Drugs and Crime last year, and we found some loopholes in the law, as well as gray areas and inconsistencies,” she said in a webinar today.
Titled “Breaking the Chain of Corruption: Whistleblowers Vital to Break the Chain of Corruption. Is There Protection?”, the webinar was organised by the Centre to Combat Corruption and Cronyism.
Punitha said the division had organised focus group discussions with GLCs, non-governmental organisations, and academics to further understand their concerns about the Act.
“We want to have more focus group discussions with enforcement agencies at the state and local council level, and with private sector organisations.
“We are looking at getting more information for people who are not actually using this law but can (see it) extended to them.”
She said the Legal Affairs Division provides periodical reporting to the Special Cabinet Committee on Anti-Corruption chaired by the prime minister.
“It’s not something we just say. We have to take actions and send periodical reports, so I think this will benefit the rakyat as a whole.”
Punitha also identified issues in the legislation, such as the need to review the number of enforcement agencies, and for clarity on what defines improper conduct by the perpetrator.
“We also looked into whether there is a need for disclosures to be extended to include internal reporting at organisations, particularly in disciplinary cases,” she said.
She added that there are conflicting provisions in the law, such as how Section 6 of the Act allows disclosure of improper conduct, but Section 203 (A)(1) & (2) Penal Code disallows and punishes any disclosure of information. – The Vibes, November 6, 2020
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