By: Edzorna Francis Mensah
Parliament has adopted the report of Constitutional, Legal and Parliamentary Affairs for second reading of the Whistleblower (Amendment) Bill, 2023 in accordance with Article 106 of the Constitution of the Republic of Ghana on Wednesday 14th June, 2023.
The object of the Bill is to amend the Whistleblower Act, 2006 (Act 720) to expand the sources of money for the Fund, to provide a ceiling for the Fund and to specify the mode of rewards for whistleblowers.
On the issues of prompt payment of rewards to whistleblowers under observation as captured in the report, it noted that one of the main reasons for this proposed amendment to Act 720 is to provide reliable and sustainable sources of funding into the Fund.
The intent is to avoid any form of demotivation arising out of delays in payment of rewards to whistleblowers.
The committee also stressed on the critical need for the protection of the the identity of whistleblowers in order not to expose them to unnecessary recrimination by powerful and influential persons in the society.
“Instituting strong whistleblower protection mechanisms is essential to safeguarding the safety of the whistleblowers, encourage citizens to report wrongdoings, and promote a culture of public accountability and integrity. The Committee therefore urges persons to whom or institutions to which disclosure of impropriety is made pursuant to Section 3 of Act 720, to observe the highest form of confidentiality and put in place stringent protective measures to protect the identity of the whistleblowers”.
The Committee therefore, urged the Minister responsible for Justice and the Attorney-General to deepen collaboration with the Minister responsible for Finance for timely releases of amount due the Fund following successful recovery of moneys or proceeds obtained from the sales of the confiscated assets as a result of disclosure by whistleblowers.
BACKGROUND AND JUSTIFICATION FOR THE BILL
The Whistleblower Act, 2006 (Act 720) was passed in 2006 as part of efforts at creating incentives and the proper structures to strengthen Ghana’s ability to combat corruption and other forms of unlawful conduct that negatively affect sustainable development efforts.
Section 20 of Act 720 established the Whistleblower Reward Fund with its main sources of funding being voluntary contributions and budgetary allocations by Parliament.
The possibility of delay in releases of approved budget into the Fund may affect prompt payment of rewards to whistleblowers.
In addition, Act 720 is silent on the time period within which the Whistleblower should be rewarded for the efforts leading to successful recovery of moneys or proceeds obtained from the sale of confiscated assets
The amendments proposed are therefore meant to cure the shortcomings in Act 720 by reducing overreliance on budgetary allocations as the main sources of revenue into the Whistleblower Reward Fund, and to also provide for timelines for payment of the rewards to successful Whistleblower.
