A Special Prosecutor is to be appointed to head investigations of corruption by the Permanent Commission Against Corruption.
His appointment, as well as a wide definition of what constitutes corruption, are at the heart of a Bill to strengthen the Permanent Commission Against Corruption, announced by the Prime Minister this afternoon.
Dr Gonzi also launched a Bill for the introduction of a Whistleblower Act, which will protect employees who report illegal or irregular actions in both the public and the private sectors.
Speaking at a press conference together with Justice and Home Affairs Minister Carm Mifsud Bonnici, Dr Gonzi said that good governance was essential for the country's economic and social development. Good governance included transparency and accountability, efficiency, justice and, as far as possible, dialogue and consensus.
He said the government had taken various actions for greater transparency and good governance including the setting up of the commission, the appointment of the Ombudsman, a new law on a review of administrative action and legislation against money laundering.
The two new bills were a continuation of this process.
In terms of the new law, the definition of corruption will be extended to actions by companies and not just individuals.
The chairman of the Commission will be appointed by the President following a parliamentary resolution supported by at least two-thirds of the Members of the House. The other two members will be appointed by the President acting on the advice of the Prime Minister.
WHISTLEBLOWER ACT
The Prime Minister explained that the Whistleblower Act would not apply to people who spill the beans to protect their own involvement in illegal behaviour or those who give information which they know to be wrong.
"The purpose of the law is not to grant immunity for mistaken behaviour, but to protect those who, in good faith, file reports on illegal behaviour," Dr Mifsud Bonnici said.
He said that whisteblowers will need to file their reports to competent authorities, such as designated officials in their companies, the Ombudsman, the Commission of Inland Revenue or the the MFSA..
No person who reveals protected information that indicates wrongdoing or malpractice by a superior or somebody else at the place of work may be subject to civil or criminal prosecution or disciplinary measures.
The whistleblower’s identity cannot be revealed by the official receiving the protected information unless the person consents or the official feels it is reasonable to do so, on a number of grounds.
Legal information covered by the Professional Secrets Act is not covered by the Whistleblower Act.
Each government entity or company can appoint its own whistleblower official and publish a set of guidelines on how reports are filed.
A whistleblower can report to the head or deputy head of the organisation if the organisation does not have an established procedure or the whistleblower official may be involved or could have a conflict of interest.
The Whistleblower Act will also apply to cases which took place in the past. Dr Gonzi said.
People who reported illegal behaviour by their employers may not be victimised, discriminated upon or intimated. Nor can they face criminal, civil or disciplinary action as long as they would not have been accomplices in the actions complained of. Should action be taken against whistleblowers, they would be able to start legal proceedings, free of charge, in the civil court.
Reports which are covered by professional secrecy and anonymous reports would not be covered by the new law.
Dr Gonzi said the Commission Against Corruption, which was formed 22 years ago, would be given stronger powers to conduct investigations, including investigations in the private sector. The definition of what constituted corruption was being broadened,
A Special Prosecutor would be appointed to push through the investigations. The Special Prosecutor would report cases to the police, asking for further investigation, and when this did not happen, he could file an application in court insisting on such procedures .
He would also be able to cross examine witnesses and produce other witnesses during court cases.