Financial Crime World

Whistleblower Protection Laws Take Shape in British Virgin Islands

The British Virgin Islands is on the cusp of introducing a landmark legislation that will safeguard whistleblowers from acts of victimization, marking a significant step towards strengthening good governance in the territory.

What is Whistleblowing?

A whistleblower can be defined as an individual who exposes illegal or illicit activities within a private, public, or government organization that pose a risk to safety, security, or taxpayers’ funds. The new legislation aims to protect such individuals from retaliation by their employers, colleagues, or others as a result of making the disclosure.

What Does the Whistleblower Act 2021 Entail?

According to Premier Andrew Fahie, who moved the bill, the act will provide an additional layer of good governance in the territory and offer protection against victimization. “The whistleblower legislation is straightforward in nature,” he explained. “It adds another layer to good governance and offers persons who report acts of impropriety in public affairs whistleblower protection from victimisation by the employer, fellow employees or any other person as a result of making the disclosure.”

What Protection Does the Act Offer?

Victimised whistleblowers will have recourse to explore avenues for redress, including:

  • Filing complaints with the Complaints Commissioner
  • Seeking damages in the high court
  • Potentially receiving police protection if there is reasonable cause to believe they are under threat

Broader Effort to Improve Governance

The Whistleblower Act 2021 is part of a broader effort by the government to improve governance in the British Virgin Islands. The Contractor General Act 2021, another recently passed piece of legislation, aims to strengthen accountability and transparency in the territory’s public procurement process.

This development marks an important milestone in the territory’s commitment to upholding good governance principles and ensuring that those who speak out against wrongdoing are protected from harm.