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Dismay as whistle-blower protection is not mentioned

A promise to bring in whistle-blower legislation was absent from yesterday's Throne Speech — despite it being outlined in the National Plan presented to the PLP by Premier Paula Cox last week.

Ms Cox had told her party at its annual delegates' conference that Government transparency would be improved with "new protection for whistle-blowers in the public and private sector".

John Barritt, Shadow Minister for Public Information Services, Public Administrative Reform and Constitutional Affairs, told The Royal Gazette last night he was "surprised and somewhat disappointed" there was no mention of that in the speech.

"I thought it would have been targeted in the Throne Speech as part of the overall plan to make Government more transparent. Of course I'm disappointed there wasn't more on how the system will be made more transparent."

Government gave the first indication that legislation to protect staff who highlight fraud and corruption was to be introduced in May 2006.

Then Public Safety Minister Randy Horton did not give a timetable but told the House: "The Government is pleased to state that there will be public and private sector whistle-blower legislation on the agenda as part of our criminal law reforms."

Shortly before he made his comments, former Auditor General Larry Dennis had said the law should be altered, in light of the Bermuda Housing Corporation fraud trial, to protect those who expose wrongdoing.

Mr. Barritt has long called for such a law and said this week that a great opportunity was missed by not including it in the Public Access to Information Act 2010.

Transparency was not referred to in yesterday's Throne Speech, though there was a brief paragraph about strengthening the "independent oversight agencies integral to Bermuda's system of governance".

"To ensure impartial legal advice, the Office of the Auditor General will be provided with funding for an independent counsel and amendments to the Audit Act 1990 will be made to this effect. Similarly, the Ombudsman will be afforded a like opportunity."

No other details have been given by Premier Paula Cox on the promise but it is thought that it may allow both watchdogs to pursue new legal avenues when they come across wrongdoing in their investigations.

Mr. Barritt said even better would be for Government to consider whether Auditor General Heather Jacobs Matthews needs more help to conduct forensic audits.

Ms Matthews said she had no comment last night and Ombudsman Arlene Brock could not be reached.