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Lewis, David B. --- "Conclusion" [2010] ELECD 550; in Lewis, B. David (ed), "A Global Approach to Public Interest Disclosure" (Edward Elgar Publishing, 2010)

Book Title: A Global Approach to Public Interest Disclosure

Editor(s): Lewis, B. David

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848448995

Section: Chapter 10

Section Title: Conclusion

Author(s): Lewis, David B.

Number of pages: 8

Extract:

10. Conclusion
Professor David B. Lewis

The previous chapters contain many and varied suggestions about the
principles upon which public interest disclosure legislation might be based
and about the issues that future research might explore. It is difficult to do
justice to them all in summary form but it is the editor's task to endeavour
to do so.


ON WHAT PRINCIPLES MIGHT FUTURE
LEGISLATION BE BASED?

I start from the premise that, for a variety of political, economic, cultural,
social and legal reasons, universally applicable model legislation is highly
unlikely to emerge. Nevertheless, since an increasing number of countries
are recognizing the contribution that relevant statutes can make to expos-
ing wrongdoing and promoting effective corporate governance,1 it is worth
trying to identify some essential principles upon which a relevant instru-
ment might be based. The objective would be to devise measures which
`first and foremost provide a safe alternative to silence, while avoiding
offering potential whistleblowers a "shield of cardboard" which would
entrap them by giving them a false sense of security'.2
The first task would be to determine the purposes of the legislation. A
survey of 14 existing whistleblowing statutes3 reveals that their main pur-
poses are to: protect disclosers (13 jurisdictions); facilitate/provide means
for disclosures (11); investigate disclosures (5); encourage disclosures
(4); deal with disclosures/impropriety (4); provide a fund for rewarding
whistleblowers. (1) It is interesting to note that the UK and Queensland
statutes have the sole purpose of affording protection and ...