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Thursday, 9 December 2010

Lawyers welcome law on protecting informers

The New Straits Times 


KUALA LUMPUR: The implementation of the Whistleblower Protection Act (WPA) 2010 has been lauded by the Bar Council.

Its president Ragunath Kesavan said although this was a good move by the government, he was concerned over its implementation.

He said it was important to explain to the people what were the agencies involved and the definition of whistle- blower.

"The government has always been introducing good laws, but the implementation should be good as well, only then would the people be confident with the new laws," he said.

"Take a look at the MACC (Malaysian Anti-Corruption Commission). It was a good commission, but many people think that it is biased," he added.

"In my opinion, the Act should be looked after by an independent party such as a public prosecutor," he said yesterday.

Former Bar Council president Yeo Yang Poh said providing whistle- blowers with immunity from civil and criminal action was a step forward.

"Without the protection, it would be difficult for any individual citizen to report something, especially when they know that they don't have the full facts.

"So, with the Act, they don't have to be fearful of the facts that they don't know."

However, he said, the WPA alone would not work and needed genuine political will, especially when it involved high ranking officers.

"The Act is a start, but for it to be successful, there is a need for thorough investigation and competent prosecution.

"Officials also have to take complaints seriously," he said.

"This is only the first stage. The whole process has to be fair, thorough and independent from politics to be really effective. Only then can it work," he added.

Lawyer Karpal Singh said the WPA was in the public's interest, especially in the sense of the people who give the information.

"But there must be a check and balance so that it is not abused," he said.

On Monday, Deputy Minister in the Prime Minister's Department Datuk Liew Vui Keong said the Whistleblower Protection Act 2010, passed by Parliament in June, would come into force on Dec 15.

He said the WPA would give whistleblowers protection in the form of confidentiality of their information and immunity from civil and criminal action.

The act also encourages people to report improper conduct and graft.

The whistleblower will be informed of the progress and steps taken at every stage of an investigation.

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