Make senior politicians safe conduits under Whistleblower law — JCTU

BY ERICA VIRTUE Observer Writer virtuee@jamaicaobserver.com

Wednesday, August 04, 2010

THE Jamaica Confederation of Trade Unions wants the proposed Protected Disclosures (Whistleblower) Legislation to make some senior politicians and public servants safe conduits for prospective whistleblowers.

Lambert Brown, representing the Jamaica Confederation of Trade Unions (JCTU), in his presentation before the joint select committee discussing the Bill, said the powers of the Bill should be expanded to include these public servants.

"The list of persons to whom protected disclosure should be made should be expanded to include leader of Opposition; relevant Opposition spokespersons; trade union officer; Justice of the Peace and holders of national honours..." Brown told the committee.

Section 11 of the Bill provides merit for the restrictions on some public officials, but the JCTU is adamant.

"... We believe that both the Opposition leader and the relevant spokespersons should be included among the people to whom such disclosures should be made..." he argued.

The JCTU argued that the legislation would have a fundamental effect on labour relations as is practised in our country, and if enacted, would have far-reaching implications, especially for those who are targeted as whistleblowers.

In its current state, he said, the Bill removes the process of dialogue which has facilitated consensus in the area of industrial relations for decades. One body which has facilitated this is the Labour Advisory Council (LAC).

The LAC, according to the JCTU, is a tripartite body consisting of the Ministry of Labour representing Government, and the Jamaica Employers' Federation (JEF), representing employers and the workers who are represented through the Jamaica Confederation of Trade Unions.

"Given the fact that this Protected Disclosures Act will have a significant impact on employer/employee, it is the JCTU's desire that the two social partners should, through the aegis of the Labour Advisory Council of the Ministry of Labour, be allowed sufficient time to attempt to work out some common grounds which may be helpful to the joint select committee..." Brown proffered.

In paragraph three of the JCTU's statement, Brown said the Bill has been excluded from the LAC, which has existed for decades in the Ministry of Labour and deliberates on matters concerning labour and industrial relations.

Committee member Arthur Williams challenged Brown on the veracity of the claim, while A J Nicholson said he hoped Brown was incorrect.

"I would hate to see that a Bill of this nature has been presented to the Parliament and paragraph three is true..." said Nicholson.

It was then that the justice minister jumped into the fray.

"Paragraph three is not true. I do not know why you did not see it, but there was islandwide consultation on the green paper, not the bill, the green paper..." Lightbourne insisted.

National Security Minister Senator Dwight Nelson, himself a trade unionist, jumped in to correct the minister.

"I think that the trade unions are correct in that the Whistleblower Bill was not discussed. It was not part of the agenda of the Labour Advisory Council. What normally happens, chair, as I know it, is that the minister of labour would determine policy, the pieces of labour legislation that ministry would propose and seek to have discussed during the particular year..." Nelson said.

Lightbourne, however, reiterated that the green paper was tabled in Parliament and discussed among and between several bodies who would be directly impacted by

the legislation.

This comment forced her nemesis K D Knight to interject, restating what both Nelson and Brown had acknowledged.

Brown also expressed concerns about the desired objectives of the Bill.

"Frankly, we are not sure what is the mischief that this Bill in its current draft seeks to remedy. What is the value of this Bill if the Official Secrets Act remains in place...?" he asked.

Another concern he raised referred to Clause 4 (2) of the Bill which does not protect "disclosure of the employee making the disclosure commits an offence by making it".

He cited the case of the police constable involved in the interception of communication to gather evidence against former Tivoli Gardens don Christopher 'Dudus' Coke, in which the Government said the constable had breached Jamaican laws in handing over the communication to United States officials.

Brown said the JCTU supported and welcomed all efforts to facilitate openness, transparency and the removal of restrictions on the freedom of workers to expose issues which in good conscience, they believe, adversely affect the public interest or offend public morals.

He said however, that the LAC process has worked very well where it has been practised, and should not become obsolete in the face of the upcoming legislation.

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Make senior politicians safe conduits under Whistleblower law — JCTU