The St Vincent House of Assembly has passed a new Audit Act that introduces significant penal sanctions for the unauthorized release of information, a move that critics are describing as the criminalization of whistle blowing.
Under the new legislative framework, individuals who leak information related to the operation of the Audit Act could face a fine of up to $10,000.
Beyond the substantial financial penalty, the law carries the potential for imprisonment. While the act itself might not explicitly list prison terms. Opposition leader Ralph Gonsalves note that under the general criminal procedure code, terms of imprisonment are typically provided as an alternative for those who fail to pay specified fines.
The information protected under these new penal sections includes data encountered during the auditing process, such as public servant salaries. The act specifically impacts the expanded powers of the Director of Audit, who now has the authority to contract private firms to audit state enterprises.
While these private auditors were already bound by professional guidelines and standards, the new law subjects them to additional penal sanctions if they reveal confidential information.
Opposition members, including Keisal Peters, have taken a strong stance against these provisions. Critics argue that the government is moving into “completely new territory” by attaching criminal consequences to these leaks.
During parliamentary discussions, it was argued that there was no “national emergency” such as a hurricane or pandemic that required the bill to be passed with such urgency. Critics suggested the government was seeking to penalize those who might provide information to the public, similar to documents leaked during previous election campaigns.
The request to delay the bill for further review was ultimately dismissed as the legislation proceeded through the House.
