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Premier: Whistleblower protection is on the way

Premier Paula Cox says whistleblower legislation could soon happen.

Laws to protect whistleblowers are imminent, Premier Paula Cox announced as she promised a tighter rein on good governance.Ms Cox also hinted loopholes which have allowed “unethical” behaviour will be closed, and promised legislation to improve transparency and accountability will appear soon.Asked by Opposition leader John Barritt whether the new laws would include whistleblower legislation, Ms Cox replied in the House of Assembly on Friday: “Stay tuned. I certainly would anticipate that should form part of the legislation coming forward.”Shadow Education Minister Grant Gibbons then asked if the new measures would eliminate the loopholes which led to former Director of Public Prosecutions Kulandra Ratneser concluding unethical behaviour had taken place in the Bermuda Housing Corporation affair, without any crimes taking place.Ms Cox replied: “As part of good governance measures, there will be a number of measures reflected in that, that will not exclude the measures suggested by the Honourable Member Dr Grant Gibbons.”Many people, including this newspaper's A Right To Know: Giving People Power campaign, have been calling for whistleblower legislation for a number of years; it would offer protection to staff who highlight fraud and corruption in Government.Former Auditor General Larry Dennis advised such a measure in the light of the BHC fraud trial, with Government indicating it was imminent in May 2006.Also in the House on Friday, Ms Cox gave an update on the new Office of Project Management and Procurement, which is being set up under her personal watch to oversee the handing out of Government contracts.She told the House the Office would “fulfill our commitment to transparency and good governance and to achieve value for money”.The Premier said: “By establishing this Office, we are communicating a strong and clear message to the public that the Government has zero tolerance for behaviour and practices that do not accord with the highest standards of good governance.“When fully staffed, the Office will be manned with people with the requisite skill and experience to ensure that there is no bias in the tendering process; that Government will obtain value for money; and there is adequate oversight of capital projects.“This office will also ensure that the processes for tendering and selecting qualified vendors are transparent and in accordance with international standards; and that all businesses including small business owners will have an equal opportunity to obtain Government contracts to provide goods and services.”Ms Cox said Janet Albion, a senior consultant from Pricewaterhousecoopers, has been appointed interim director of the office for the next six months.Ms Albion will establish the office, and recruit and train a suitably qualified team, including her own successor, said Ms Cox.She will produce and implement a code of practice that will define the policies and procedures for buying goods and services, tendering and management of capital projects, and complaint handling and dispute resolution.Ms Albion will also review current contracts to identify opportunities for more money-saving efficiencies.Ms Cox said legislation will be tabled this session to establish the Office as the authority to have oversight of all procurement functions in Government and establish penalties for non-compliance.Speaking last night, Mr Barritt said he is looking forward to the establishment of whistleblowing legislation, which he hoped would allow those who believe there is misconduct taking place to feel comfortable in reporting the information at an early stage.“Ultimately, what people need to have at the end of the day is access to someone independent who they can speak to, and protection, when acting in good faith,” he said.“We are not talking about leaking to the media or leaking to the people, we are talking about a new regime. We feel that this is the right thing to do.”He stressed that any whistleblowing legislation should either create a new, independent position, or further empower an existing independent position such as the Attorney General, rather than allowing matters to remain internal.“It cannot be internal,” he said. “It cannot just be internal to be effective.”Local transparency campaigner Michael Hardy said legislation protecting whistleblowers is “absolutely necessary” for any Public Access to Information (PATI) legislation to be useful.“I feel that such regulation is a very good step forward for transparency in Bermuda, if drafted in line with acceptable standards,” he said.