Jamaica Gleaner
Published: Thursday | March 5, 2009
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Protection for snitches...but Lightbourne concerned about contradiction with Official Secrets Act
Arthur Hall, Senior Reporter


Lightbourne

The long-awaited Whistleblower Legislation moved one step closer to reality on Monday, when Cabinet issued drafting instructions to the Chief Parliamentary Council.

The legislation will provide protection for persons who blow the whistle on wrongdoers in the public and private sectors.

"This protection means that if you blow the whistle and you suffer any form of victimisation you could take the matter to court and claim damages or compensation if you were dismissed, or if you did not get the promotion you were scheduled to get," Justice Minister Dorothy Lightbourne told journalists yesterday at the weekly post-Cabinet media briefing.

But Lightbourne noted that persons who break the law to disclose information would not be protected by the Whistleblower Legislation.

This would mean that civil servants, who have signed the Official Secrets Act, could find themselves in trouble if they ignore its provisions and report wrongdoing by government ministers or officials of state agencies.

Public debate expected

That is an issue which is expected to spark public debate when the matter goes before Parliament, and Lightbourne was not clear on how the two seemingly opposing pieces of legislation would operate.

"I think the (Official Secrets) Act is specific as to what can be disclosed. It's not everything, I think, is caught," Lightbourne said.

She was supported by Infor-mation Minister Olivia Grange, who said the Official Secrets Act is now being reviewed by her ministry.

In the meantime, Lightbourne accepted that fear of being labelled a snitch (informer) could prevent persons from disclosing instances of wrongdoing, but expressed hope that the provisions of the legislation would convince persons to tell what they knew.

"We recognise that persons who face victimisation because they blow the whistle might not have money to go to court, so the legislation allows for legal aid to be provided," Lightbourne added.

She said the Whistleblower Legislation has been delayed because the Government wanted to widen the provisions to capture all forms of wrongdoing.

arthur.hall@gleanerjm.com


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