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Local activists back whistleblower legislation

It's easy for an air of intimidation to develop in any small community.Afraid of the consequences if they report unethical conduct of those in authority, people can often choose the safer option of keeping quiet — even if they don't like what's going on.Whistleblower legislation, say commentators, would change all that.

It's easy for an air of intimidation to develop in any small community.

Afraid of the consequences if they report unethical conduct of those in authority, people can often choose the safer option of keeping quiet — even if they don't like what's going on.

Whistleblower legislation, say commentators, would change all that.

It would protect civil servants and private sector employees from being fired or simply treated badly as a repercussion of shining a light on suspected wrongdoing.

In May, 2006, then Public Safety Minister Randy Horton — speaking amid clamour for an overhaul in the law in the wake of the Terrence Smith Bermuda Housing Corporation trial — announced whistleblower legislation was on Government's agenda.

Since then no such law has come to fruition, and critics claim any attempts at accountability and transparency are undermined as a result.

Lawyer Tim Marshall, who has backed The Royal Gazette's A Right To Know campaign for public access to information to be restored to the top of the Progressive Labour Party's agenda, said a whistleblower law would be an essential ingredient in any move toward greater transparency.

Mr. Marshall said: "Whistleblower legislation is relevant in any country that recognises that from time to time circumstances or individuals in power, inadvertently or overtly, prevent individuals from revealing suspected wrongdoing or unethical conduct in Government or the private sector.

"In a small community, the pressure to remain quiet is oftentimes greater. We should therefore do our best to counter any sense of fear or reprisal that an individual might have, and ensure that if he does take the brave step of bringing to light alleged wrongdoing he is protected and not isolated by his decision to protect the interests of his country.

"It must be remembered that it is the people, everyone of us, who are victims, when someone in Government breaches the people's trust. Whistleblower legislation not only protects the individual brave enough to stand up for what is right but it protects our collective interests."

Echoing former Premier Alex Scott's point that calling for greater transparency is not an anti-government exercise, Mr. Marshall added: "As a country we must get out of this mindset that if such legislation is being proposed from outside of the ranks of Government that it must be an attack on Government and therefore should not be supported.

"That mindset suggests political immaturity and results in good legislation not being enacted. Bermudians appreciate that the vast majority of civil servants and politicians are decent and hardworking. The legislation is not aimed at them but is to discourage if possible and if not to hold accountable anyone who breaches the people's trust."

Former Independent MP Stuart Hayward said: "We should not have the situation where wrongdoing can be kept hidden by intimidation.

"Whistleblower laws protect employees, whether they be civil servants or employees in the private sector, from retaliation for reporting on wrongdoing or on pressure to do wrong.

"We have suspected for many years that people in high places have stretched the limits of ethical behaviour. We must now reset our systems of accountability to preserve our Island's international reputation and our own sense of integrity."

Former Opposition leader Grant Gibbons, whose United Bermuda Party has repeatedly called for whistleblower legislation and included such a pledge in its 2007 General Election manifesto, said: "Whistleblower legislation would allow civil servants to bring to the attention of their supervisors that there's dishonesty or inappropriate use of public money going on.

"They would be protected against intimidation or being fired or badly treated as a consequence of, with the best of intentions, bringing this information forward to the authorities."