National Council votes against new whistleblower bill
Published: Tuesday, Feb 27th 2024, 12:10
Updated At: Tuesday, Feb 27th 2024, 12:10
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Switzerland is not making a new attempt to improve the protection of whistleblowers. Unlike the Council of States, the National Council rejected a corresponding motion by former Zurich FDP Council of States member Ruedi Noser on Tuesday.
The National Council rejected the two points of the motion by 125 votes to 60 with one abstention and 129 votes to 60 respectively. The Council of States had adopted the motion in last year's fall session. It is now off the table.
Specifically, Noser called for the creation of a legal framework to protect whistleblowers in the private sector. A whistleblower is a person who publishes important information for the public in a secret or protected context.
The motion also called for an increase in the maximum possible fines for companies in the Criminal Code. According to the text of the motion, the aim was to bring national implementation of the OECD Anti-Corruption Convention into line with the applicable OECD standards.
Noser justified his request in the Council of States debate in September 2023 by stating that the Organization for Economic Cooperation and Development (OECD) was increasingly criticizing Switzerland. This was due to gaps in the fight against corruption - and because too little was being done to close them.
"No compromise in sight"
The majority of the National Council's Legal Affairs Committee (RK-N) did not want a new whistleblower bill. They argued that there was no compromise in sight that would justify a new version.
The Federal Council also opposed Noser's proposal - without denying that there was a need for action. The national government argued that its proposals on the subject had been rejected twice by Parliament in the past ten years. Noser's motion did not contain any parameters on the basis of which a bill with majority support would be possible.
"We wouldn't know what to do as long as the National Council doesn't come up with proposals that are capable of winning a majority," said Justice Minister Beat Jans. The Federal Council "doesn't like working for the gallery".
In the meantime, two initiatives on the subject had also been rejected, said Maya Bally (center/AG) on behalf of the commission. In the view of the committee majority, there had been a lack of willingness to compromise on the part of both the left and the right on the last proposal. Furthermore, criticism from international organizations was nothing new. On behalf of the majority of the Commission, Bally recommended rejecting the proposal, even if this was "not done with conviction".
Philippe Nantermod (FDP/VS), as the second committee spokesperson, also criticized the content of the motion. He referred to the importance of the duty of loyalty towards the employer in Swiss employment law.
Damage also for companies
Minority spokeswoman Sibel Arslan (Greens/BS), on the other hand, was of the opinion that Noser's proposal to be guided by the OECD certainly provided guidelines for a solution. In addition, the composition of parliament is different today. The poor protection of whistleblowers in Switzerland is also detrimental to companies, she emphasized.
In a reaction, the anti-corruption organization Transparency International regretted the National Council's decision. In most cases, corruption and other misconduct can only be uncovered thanks to whistleblowers, it wrote. However, as long as these individuals are insufficiently protected by law, it is not surprising that only a few are prepared to take the risks associated with whistleblowing.
©Keystone/SDA
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