PUTRAJAYA, Feb 26 — Protection and rewards for whistleblowers are among the new provisions proposed for the Competition Act 2010 (Act 712), said Domestic Trade and Cost of Living Minister Armizan Mohd Ali.
He said the Cabinet has given policy approval for the amendments, while the draft bill (Blue Bill) is being refined before resubmission to Cabinet.
He said the Blue Bill received clearance from the Attorney-General’s Chambers and is expected to be tabled to the Cabinet towards the end of Ramadan before being presented at the next Parliament sitting.
“I expect to bring this Blue Bill to the Cabinet either as soon as possible or towards the end of Ramadan. However, for tabling in Parliament, it appears it will be at the next sitting, as the Dewan Rakyat session ends next Tuesday (March 3),” he said.
He said this at a press conference after the signing ceremony of a Letter of Understanding (LOU) between the Youth and Sports Ministry (KBS) and Malaysia Competition Commission (MyCC) here today. Also present was Youth and Sports Minister Mohammed Taufiq Johari.
Armizan said the amendments comprise 14 new provisions and improvements to strengthen the legal framework relating to competition and to empower MyCC in combating cartel practices, as well as to reinforce a fair, transparent and competitive market ecosystem.
He said Act 712 has no specific provisions on whistleblower protection, while the Whistleblower Protection Act 2010 (Act 711) does not apply to enforcement by MyCC.
This is because action under Act 712 is civil in nature, whereas Act 711 only covers exposes relating to disciplinary and criminal offences.
“This proposal will give direct authority to MyCC to protect whistleblowers. This includes safeguarding the confidentiality of their identities and any information that could lead to the disclosure of those identities, whether in MyCC proceedings, the Competition Appeal Tribunal, or any civil and criminal proceedings under Act 712,” he said.
Armizan said the proposal for rewards would empower MyCC to offer incentives to anyone who provides information, assistance or inquiries that lead to the discovery of a violation or conviction under Act 712.
“This approach is expected to attract more proactive cooperation from the public and industry players, particularly in uncovering bid-rigging cartels and problematic monopolistic practices that are becoming increasingly complex,” he said.
On the LOU, Armizan said the strategic collaboration reflects a whole-of-government approach to enhance the effectiveness of efforts to curb cartel practices or bid-rigging in public procurement processes.
He said the LOU between KBS and MyCC is the sixth such one, following earlier agreements with the Finance Ministry; Health Ministry; Investment, Trade and Industry Ministry; Science, Technology and Innovation Ministry; and the Federal Territories Department.
“Through this LOU, MyCC and KBS have set cooperation in three main scopes, namely the preparation of preliminary assessment reports on elements of bid-rigging in procurement, periodic training services for procurement officers at KBS and its agencies, and advisory services on any competition-related issues and risks in the procurement process,” he said.
The LOU was signed by KBS secretary-general Datuk Nagulendran Kangayatkarasu and MyCC chairman Tan Sri Idrus Harun.
Meanwhile, Taufiq said KBS has a large procurement scale involving about 50 tenders and an average of 300 direct quotations, making the move important to ensure every process is carried out transparently and with integrity.
“With the signing of this LOU, KBS will be better prepared to ensure there are no leakages, especially in projects under the ministry, as cartel practices and other improper acts ultimately lead to sick projects and hinder efforts to develop youth and empower national sports,” Taufiq said.
