Charles: Bill was rushed, unworkable

Rodney Charles
Rodney Charles

THE Opposition rejected the Whistleblower Bill in the House of Representatives on Monday because it was rushed legislation that was largely unworkable, alleged Naparima MP Rodney Charles, one of the day's contributors.

“The Whistleblower legislation as presented has many inadequacies. Consultation was so limited that our cultural circumstances were not properly considered.

“The party is of the view that the JSC (joint select committee) should have been allowed to complete its work and develop the kinds of well-considered legislation which it can support.”

Charles said the bill failed both valid whistleblowers and the victims of malicious claims.

“Questions may be asked as to whether whistleblowers can adequately be protected through legislation from retaliation by employers who have internal whistleblowing units.”

Conversely, saying private employers are left to their own devices in setting up internal whistleblowing report units, he said, “In a culture such as ours, where fired employees may harbour ill feelings against organisations, this legislation provides opportunities for them to seek revenge against their former employers. We may very well be legitimising old talk and gossip.”

Charles said research showed legislation could not fully protect whistleblowers from retaliation since organisations could find creative ways, short of firing them, to make life difficult for them, such as denying promotions, giving difficult tasks or refusing overtime.

He predicted the bill would take years to implement, as all staff must be recruited from scratch.

“Where would the state find qualified and fully-trained staff to man 21 whistleblower report units? In developed countries, staff are certified by accredited institutions such as the US-based Association of Certified Fraud Examiners (ACFE) which has 85,000 members.”

He said in Singapore, existing audit committees are largely used to deal with whistleblowing.

“As it stands, we do not even have job descriptions or job specifications for posts in the 21 units. We have to wait on the Public Service Commission to classify these jobs and this process can take years. Yet the Government says that this legislation can be proclaimed with ‘immediacy.’”

He said Opposition Leader Kamla Persad Bissessar said provisions in the bill let it trump contractual obligations to confidentiality between employers and employees. “This needed more thought.”

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"Charles: Bill was rushed, unworkable"

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