The House of Representatives passed the legislation for the protection of whistleblowers who report bad practices and acts of corruption with 49 votes in favour and one against.
Limassol MP Andreas Themistocleous voted against.
The law, titled "The Law of 2022 on the Protection of Persons Reporting Violations of Union and National Law", consolidated four draft laws, two bills constituting European directives and two draft laws tabled by AKEL MP Irene Charalambidesou, one of which was co-signed by the Parliament's Legal Affairs Committee. The relevant discussion started in 2016 when Ms Charalambidou submitted the law proposals, while the Ministry of Justice recently consolidated the four pieces of legislation into one text.
The law provides, among other things, for the provision of protection to persons who report in relation to specific violations of European Union law, acts or omissions related to the commission or possible commission of a criminal offence or to a person's failure to comply with a legal obligation, violations that endanger or are likely to endanger the security of a person, violations of the European Union's law, or violations of the law that endanger or are likely to endanger the security of a person.
The law provides, among other things, for the provision of protection to persons who report in relation to specific violations of European Union law, acts or omissions related to the commission or possible commission of a criminal offence or to a person's failure to comply with a legal obligation. The penalties and damages that may be imposed by the competent court are also specified.
Finally, the criminal offences of obstruction of reporting, retaliation against a reporting party, initiation of abusive proceedings against a reporting party, breach of the obligation to maintain the confidentiality of the identity of the reporting party and submission of false reports or false public disclosures are established.
The importance of the legislation was noted by MPs of all parties
In her statement before the plenary, the Member of Parliament of the Ecologist-Civic Coalition Movement, Alexandra Attalidou, said that the passage of the legislation comes at a time when the country needs it more than ever. She added that Cypriot society is skeptical and fearful if they report corruption because there will be repercussions. He congratulated Ms. Charalambidou for her work and said that the passing of the bill is not enough, but its success will be shown by the number of corruption cases reported and the protection given to public interest witnesses. He also noted the need for the creation of an Independent Anti-Corruption Authority.
EPP MP Kostis Efstathiou congratulated Ms. Charalambidou for her tenacity and perseverance in promoting the legislation, which he said was missing from the legal arsenal for fighting corruption and which clarifies the difference between a witness and a whistleblower. The issue, he added, is to implement the laws that are passed. She also said that we have a long way to go to implement these kinds of sensitive laws.
DIKO MP Christiana Erotokritou in turn congratulated Ms. She added that the law that is being passed is modern and radical, but if it is not implemented as intended and as its philosophy dictates, nothing will have been produced in substance. In her turn she congratulated Mrs. Charalambidou, stating that this is a very important legislation, however, in Cyprus the problem is not the absence of laws, but the implementation of laws. She added that the law that is being passed is modern and radical, however, if it is not implemented as intended and as its philosophy dictates, nothing will have been produced in substance. He noted that all public and private law bodies should be informed of the obligations they have and the procedures they have to put in place.
ELAM President Christos Christou said that they support this law, since when something is right for society they support it without party blinkers. He added that the issue of corruption has hurt the country deeply and expressed confidence that the institutions of justice will produce work after today's decisions.
AKEL MP Irene Charalambidou expressed her joy that a strong legal framework is finally being passed, which in many European countries is the spearhead of the fight against corruption, with the aim of strengthening transparency. She added that the unified legislation will protect citizens who will have important information on corruption issues affecting the public. He added that in Cyprus those who provide the information are targeted and fear of retaliation and consequences prevails. In a small state, he added, it is easy to impose silence. He also expressed the assessment that even now it will take some time for citizens to become unruly and understand that there is no room for retaliation in the public and private sector.
He also noted that the proposed law included very strict protection measures prohibiting dismissal, deprivation of promotion, discriminatory treatment, marginalisation, non-renewal of contract, etc. Today, he said, Parliament is demonstrating its will to fight corruption, and called for citizens to be informed about the provisions and how to implement the law.
He also praised the excellent cooperation with Justice Minister Stefi Drakou, noting that it was thanks to their efforts that the directive was unified with the proposed law. He also thanked the Chairman of the Legal Affairs Committee, Nikos Tornaritis, for his catalytic intervention.
DISY MP Nikos Tornaritis spoke of a very important day for the Parliament, stating that "today we are moving from big words to deeds, from the timeless declarations to fight corruption to actions."
He praised the efforts of Ms. Charalambidou and the immediate, flexible and catalytic contribution of the Minister of Justice.He also noted that this law is part of a triptych and another law that, if passed, will send the message both at home and abroad "that we are changing, that we reject everything that offends us, everything that diminishes us, we put the rotten apples in the wastebasket." The second big step, he said, is the passage in a few days of the law on the Independent Anti-Corruption Authority, while a third bill is the one on lobbying. The plus one, he said, is the incompatibility between exercising a profession and being a member of parliament.
In explaining his vote, MP Andreas Themistocles referred to a violation of the constitution in legislation to which Tornaritis referred. He added that he voted against the law because he sees an unprecedented hypocrisy and because it has nothing to offer.
Justice Minister Stefi Drakou was also present during the passing of the law.
Source: CNA
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