Strengthening the Fight Against Corruption: Whistleblowing and Legal Considerations

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Exploring the complexities of whistleblowing in the fight against corruption, including legal protections, disclosures under the Public Interest Disclosure Act 1998, and the role of Commissioners for Revenue and Customs. The discussion also delves into the concept of exposing a crime as a potential crime itself, highlighting parliamentary privilege and the importance of accountability in government projects.

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Presentation Transcript

Strengthening the Fight Against Corruption: Whistleblowing Whistleblower s Experience Dr Osita Mba

Should Exposing Corruption Ever Be A Crime?

Public Interest Disclosure Act 1998 A qualifying disclosure means any disclosure of information which tends to show (a) that a crime may have been committed or (b) that any law may have been broken. A disclosure is not a qualifying disclosure if the person making it commits an offence by making it.

Commissioners for Revenue and Customs Act 2005 It is an offence to disclose taxpayer information without authorisation. Only Commissioners of HMRC can authorise disclosure. They delegated that power to Dave Hartnett. Hartnett also had the power (a) to settle large tax cases and (b) to authorise criminal investigation.

Parliamentary Privilege Legal immunities for Members of Parliament to perform their duties without outside interference. Public Accounts Committee Examines the value for money of Government projects, including taxation.