Kamla Persad calls Whistleblower Protection Bill a 'Bad Law'

Opposition Leader of Trinidad and Tobago Kamla Persad-Bissessar stated that the Whistleblower Protection Bill, 2022, is a 'bad law'

Monday, 7th February 2022

Kamla-Persad-Bissessar- Leader of opposition Trinidad and Tobago

Opposition Leader of Trinidad and Tobago Kamla Persad-Bissessar stated that the Whistleblower Protection Bill, 2022, is a 'bad law' that will be struck down the by courts said. During the debate of the bill at the Parliament sitting at the Red House, Port of Spain, the former prime minister argued that the bill breaches a citizen's fundamental right to seek redress from the court in the event that a whistleblower provides false information against them. Persad-Bissessar noted that Chief Parliamentary Counsel Ian Macintyre, SC, was very 'brave' in providing his opinion about the constitutionality of the bill and the rights being breached. She noted in referring to Clause 17.1 (now clause 18 and 19), Macintyre stated this clause was not reasonably justifiable in a democratic country and may be struck down by the courts under section 13.1 of the Constitution. Persad-Bissessar said 13.1 states that a law passed with a special majority could be struck down in the court if it is found that it is not reasonably justifiable. She said taking away a person's access to the court is not justified. 'This is bad law; this is very bad law, the fundamental rule of law principles are being breached with this bill,' she said. Persad-Bissessar explained that the effect of Clause 18 and 19 of the bill is to prevent any person with a possible cause of action against the whistleblower from being able to have access to a court. Clause 18 states a person who makes a disclosure of improper conduct shall not be subjected to detrimental action on account of his having made a protected disclosure, she said. Clause 19, she added, goes on to provide that the whistleblower who makes a protected disclosure is not liable to any criminal, civil or disciplinary proceedings for having made such a disclosure. 'Access to justice through the courts of law is a fundamental principle of the rule of law. In the absence of access to justice, people are unable to have their voices heard, to exercise their rights and properly defend themselves in the justice system,' Persad- Bissessar said. She said a person must have the right to access the court if a person has defamed them. Persad-Bissessar said Prime Minister Dr Keith Rowley should fully understand this, having experienced not being given the opportunity to be heard in the Landate matter and raised objection at the courts. This bill is a major constitutional breach, and it is not enough that a three-fifths majority was included for passage as it would be struck down by the courts, she said. Persad-Bissessar said if a whistleblower lies about someone, they must have the right to take that person to court, and under the bill, a citizen would be denied of this right and can be prosecuted for the information the whistleblower provides. Persad-Bissessar also asked what protections were in place in the bill for the whistleblower as well as the Whistleblower Reporting Officer (WRO). She said the bill states a person will be immune from civil suits or criminal proceedings, but she questioned what physical protection would be provided. There have been shortcomings in the witness protection programme, and witnesses have been gunned down in this country, Persad-Bissessar said. The Opposition Leader also took issue with the extension of the speaking time of 90 minutes for the Prime Minister who piloted the bill. She said she wonders when the Prime Minister speaks if he 'kills Covid' because every time he wishes to speak, the time is extended. Persad-Bissessar said this was an abuse of the parliamentary process and an ambush on Opposition members.