Reviewing the Whistleblower Protection Bill Proposed by the Executive Yuan in 2019
Wulung Yang *, Shuju Lee **
Abstract
This paper reviews the Whistleblower Protection Bill proposed by the Executive Yuan in May 2019 based on the argument that an appropriate disclosure of information about wrongdoing made by the proper person to an appropriate entity receives protection, i.e. the qualified disclosure gets protection. This paper argues that the bill is a little difficult for civilians to figure out, and the statement of purposes is too narrow for an integrity policy. Furthermore, a few protective loopholes arise in the dichotomy of whistleblowers in the public sector versus those in the private sector. The standard of excluding conducts from wrongdoings is equivocal. Nevertheless, there are commendable provisions regarding disclosure procedures, grounds, protection measures, and entities and persons to whom disclosures may be made. It is suggested that a punitive damage system be established to punish the entities or persons who commit reprisals against whistleblowers. It is also suggested that a protection fund be set up to help and compensate whistleblowers who are discharged or suffer discrimination. In the end, for the sake of protecting the core civil service value of “integrity”, the paper is strongly opposed to the Tai Li-shen provision, and urges the personnel authorities to take proactive measures to amend it. To encourage those civil servants who are involved as accomplices in corruption but seek forgiveness by reporting wrongdoing, it is suggested that prosecutors use the existing non-prosecution system to absolve them of charges before the case reaches trial so that those suspected still have the opportunity to work as public officials in the future.
Keywords: Whistleblower Protection Bill, Tai Li-shen provision, public and private sector
* Professor, Department of Government and Law, National University of Kaohsiung, e-mail: lyricyang@nuk.edu.tw.
** Associate professor, Department of Government and Law, National University of Kaohsiung, e-mail: s096540@gmail.com.