Whistleblower consultations yet to begin

The Williams administration has yet to begin consultations it says are necessary to bring in a law protecting whistleblowers.

"At this time government has not conducted consultations on this matter and as this legislation affects the public service for Newfoundland and Labrador, consultations will target the public service," Ken Morrissey, a spokesman for the Department of Justice, said in an e-mailed statement.

Justice Minister Jerome Kennedy indicated in May that those consultations were holding up the development and implementation of the law.

"We are, and have been working on the whistleblower legislation," Kennedy said in the House of Assembly May 20. "We have looked at the legislation that is in place across this country, and we have had extensive discussions as to the nature and content of this legislation.

"However, what we are looking at now, there does need to be some consultation with certain groups to determine the matters of significance that would come under the whistleblower legislation."

The lack of whistleblower protections became an issue in the 2007 provincial election.

During the September 2007 televised debate, NDP Leader Lorraine Michael said she has received clandestine, late-night phone calls from provincial employees informing her about potential problems in government.

Premier Danny Williams reacted angrily to the claim anyone would feel afraid of coming forward with such information.

At a campaign stop in Carbonear Oct. 6, Williams pledged that his government would implement whistleblower laws in the first session of the legislature after the election.

"We'll get that on at the very earliest opportunity," Williams said in response to questions from reporters last October.

"The very first session of the House that we have, that's something we'll have a look at. As a matter of fact, there'd be no reason why we wouldn't get it on (the agenda)."

The premier said at the time he had no problem with a rapid implementation process.

"I'm personally very strongly in favour of it," he said.

"I have no objection whatsoever. Ms. Michael has pointed out that some people have made calls to her, and we want to make sure that these people feel protected."

In May, Kennedy noted in the legislature that the whistleblower campaign promise applied to the first session of the legislature, which extends into the fall.

The Green Report recommended that the House of Assembly introduce legislation "providing for a public interest disclosure ('whistleblower') program, designed to encourage persons within government to report instances of behaviour that are considered improper, unethical or wrong."

Bill 33, passed last summer in the wake of the Green Report, provides protections for workers who report alleged malfeasance - but only as it relates to the operation of the House of Assembly, in cases like spending by MHAs or actions of House staffers and officers.

Statutory bodies like the chief electoral office and the citizens' representative are also covered.

But the law does not apply to government departments and other public bodies.

rantle@thetelegram.com