By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

Anti-corruption Bills passed by the House of Assembly on Wednesday are vital “to restore trust” in the fight against graft but they can be further “tightened”, governance reformers argued yesterday.

Matt Aubry, the Organisation for Responsible Governance’s (ORG) executive director, told Tribune Business that the Independent Commission of Investigations Bill and Protected Disclosures Bill are critical to “changing the culture” and giving Bahamians the confidence to bring complaints forward knowing they will be protected from retaliation.

“Fundamentally, Bills like the Protected Disclosure Bill and Independent Commission of Investigations Bill are vital to build back and restore trust, and encourage participation,” he said.”The law doesn’t mean anything if you don’t change the culture people have that maybe prohibits people who have information about potential corruption from bringing it forward.

“There ultimately has to be a real and explicit effort to ensure that they are seen as effective and seen as adaptive to our local context - not that it only applies in Nassau, but it can be utilised in the Family Islands and smaller communities where these things happen. The [Protected Disclosures] Bill itself contains a lot of things that align with best practices across the board but there are opportunities to continue to tighten it.”

Mr Aubry said “accessible mechanisms” for reporting alleged corruption were critical so “that everyone can see a clear path forward” and that both the details and whistleblower identities would be “kept confidential”. He added: “There is an opportunity within the law to ensure there is a clear understanding it’s above political interference.”

ORG, though, in its analysis of the Protected Disclosures Bill voiced concern that the authority overseeing the legislation and its implementation, as well as its funding, comes under “the remit of the minister or Attorney General, risking political influence”. It added that it was also unclear how this authority will work with, and align, with the Investigations Commission being established by its companion legislation and other agencies.

Pointing to the Protected Disclosures Bill’s origins, ORG said: “This measure follows former Commissioner of Police, Clayton Fernander’s, national statement addressing the growing concern regarding corruption in Bahamian public institutions.

“Fernander’s address included a ‘bribe call’, wherein he urged persons who had been asked to pay a bribe to disclose this. One of the chief concerns of the Organisation for Responsible Governance (ORG) has been that such public calls for transparency and integrity are ineffective unless backed by comprehensive whistleblower protection legislation.

“This legislative measure, in conjunction with the Independent Commission of Investigations Bill 2025, is intended to address growing concerns about corruption within institutions in The Bahamas. However, ORG stresses that laws aimed at building public trust and compliance require comprehensive and robust consultation efforts prior to their passage,” it added.

“Extending the consultation period would likely yield positive gains toward effective implementation and greater public confidence in the law. Additionally, small Caribbean nations, such as Trinidad and Tobago, have faced challenges in implementing whistleblower protections within their unique cultural and institutional contexts.

“It is crucial that the Protected Disclosures Act 2025 is effectively adapted to the specific culture and governance structure of The Bahamas, ensuring practical and enforceable implementation.” Turning to areas where it believes the legislation can be strengthened, ORG added: “The Bill lacks clarity on how it interacts with the Independent Commission for Investigations Bill 2025, the Royal Bahamas Police Force Anti-Corruption Unit and the Police Corruption and Complaint Unit.”

It called on the Government to change Clause 4b “to specify jurisdictional responsibilities and create a co-ordinated approach, similar to New Zealand’s Protected Disclosures Act, which clearly delineates roles among various agencies”.

And ORG also called for the Protected Disclosures Bill to establish clear independence from political interference. “Currently, the authority establishing, funding and overseeing whistleblower disclosures falls under the remit of the Minister or Attorney General, risking political influence,” it warned.

It urged the Government to reform Clause five “to create an independent body, as seen in Ireland’s Protected Disclosures Act, which established a legally autonomous Whistleblower Commissioner.

“Independence could be enhanced if the authority were selected and appointed by the Governor-General upon recommendations from independent entities such as the Bar Association, Chamber of Commerce, Civil Society, and the University of The Bahamas. Additionally, requiring budget approval from Parliament, as is done in the Court Services Act, 2023, would further protect against political interference,” ORG added.

It urged the Government to also ensure the Bill “provides interim relief for whistleblowers facing retaliation” and guarantee that these persons are given “a fair hearing” via an independent appeals process. “The Bill should provide stronger assurances regarding whistleblower anonymity,” ORG said, while also arguing against any restrictions on what could be considered “retaliation” against whistleblowers.

And, urging greater deterrence against retaliation, ORG also called for “awareness and capacity-building training on whistleblower protection” to be mandated by the Protected Disclosures Bill. “By refining these clauses, the Protected Disclosures Act 2025 will align more closely with international best practices, ensuring a robust framework for whistleblower protection in The Bahamas,” ORG said.

“Strengthening reporting mechanisms, broadening protections, enhancing confidentiality provisions and ensuring transparency will bolster the Act’s effectiveness in promoting accountability and anti-corruption efforts. 

“With proposed laws intended to build public trust and compliance, a comprehensive and robust consultation effort prior to the passage of the Bills would be expected to bring positive gains toward effective implementation,” it added. “Hence, ORG recommends extending the time for public consultation to ensure that the legislation is well-adapted to national needs and concerns.

“Additionally, small Caribbean nations, such as Trinidad and Tobago, have noted challenges in implementing whistleblower protections within their specific cultural and institutional contexts. It is crucial that the Protected Disclosures Act 2025, is effectively adapted to the unique culture and governance structure of The Bahamas, ensuring practical and enforceable implementation.”