Financial Crime World

Whistleblower Protection Laws Take Shape in Montserrat

In a significant move towards strengthening transparency and accountability, the government of Montserrat has introduced a new bill aimed at implementing whistleblower protection standards. The bill, submitted to Parliament on April 17, aims to provide legal protection for individuals who report breaches of Union law.

Key Provisions

  • Whistleblowers will be protected from retaliation, including threats and attempts to silence them.
  • Entrepreneurs with at least 50 employees will be required to:
    • Implement internal reporting procedures
    • Maintain a register of reports
    • Set up confidential channels for receiving reports

Defining a Whistleblower

A whistleblower is defined as any individual who reports or publicly discloses information about breaches acquired in a work-based context. This includes:

  • Employees
  • Temporary workers
  • Entrepreneurs
  • Proxy holders
  • Shareholders
  • Partners
  • Volunteers
  • Paid or unpaid trainees

Protection and Compensation

Whistleblowers will be afforded protection from the moment they make a report or public disclosure, provided they have reasonable grounds to believe that the information is true and relates to a breach of law. The bill also provides for the right to compensation and redress in cases where retaliatory actions are taken against a whistleblower.

List of Breaches

The proposed legislation includes a closed list of breaches, including:

  • Employment law
  • Corruption
  • Public procurement
  • Financial markets

Consequences of Non-Compliance

Failure to comply with the obligations imposed by the act may result in:

  • Fines
  • Restrictions of liberty
  • Imprisonment

Timeline

The regulations on whistleblower protection are expected to come into force three months after publication in the official gazette, giving entrepreneurs a tight deadline to implement the necessary changes.

Get Expert Assistance

If you would like to know more about whistleblower protection or require assistance in implementing your internal reporting procedures, contact our experts at Andersen.