Source: ombudsman.org.mt
The Maltese Omsbud institution has published it’s annual report which highlights its concern on the lack of consultation on the development of a new whistleblowing law in Malta.
The EU Directive on Whistleblowing will require legislation to be adopted in all Member States, including Malta, to bring the national legal system in line with new minimum standards for whistleblower protection. It must be fully transposed by 17 December 2021.
The 2021 report states:
“The Ombudsman would be failing if he did not record his disappointment at this complete failure of consultation. This is to prevent such incidents from happening again.”
The Ombuds has previously highlighted the negative consequences it has suffered when not properly consulted in the implementation of whistleblower protection law reforms in prior annual reports. In its 2020 annual report it highlighted the difficult challenges it has faced in fulfilling it’s responsibility as a prescribed authority to handle external disclosures under the current whistleblower protection law in (Chapter 527 of the Laws of Malta) which entered into force on the 15 September 2013.
Despite the expectation to investigate matters of risks to public health and safety and the environment and improper practices not intended to be reported to other authorities, the Ombudsman’s office stated that they are hindered by a limitation on their remit under the Ombudsman Act which confines their powers to investigating only acts of public administration, leaving a blind spot with regards to the private sector.
The report also raises the issue of whether ombuds officials can be prosecuted for handling information acquired under it’s functions prescribed by the whistleblowing law, which has been a live legal issue they have had to contend with.