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The large chamber votes against a new whistleblower bill – and opposes the Council of States. This means the proposal is off the table.
To understand the debate today, we need to look back: Four years ago, the National Council scuttled the project for better protection for employees who wanted to report irregularities and grievances in their companies: Although the business associations were in favor, the SVP, FDP, SP and Greens against it. The point of contention was protection against dismissal for whistleblowers – the left did not go far enough, the right did not want to strengthen it.
The no ended seven years of work, which is why Federal Councilor Karin Keller-Sutter – then Justice Minister – stated: “It will not be possible for the Federal Council to immediately submit a new proposal or submit a new motion. If one side or the other doesn’t move, we’ll end up back at the same point.”
Fronts remain hardened
The Federal Council still takes this stance today. For this reason, after heated discussions, the responsible commission recommended that the National Council do nothing. “The majority of the commission was of the opinion that nothing had changed,” explains Aargau Center National Councilor Maya Bally to SRF. “That’s why it makes no sense to process the same claim again.”
As a centrist politician, she regrets this. Because better protection for employees who want to report grievances in everyday work is necessary. Switzerland has also committed to this – it corresponds to the requirements of the Organization for Economic Cooperation and Development (OECD).
Legend: The former Zurich FDP Councilor of States Ruedi Noser justified his concern in September 2023 by saying that the OECD was increasingly criticizing Switzerland. Keystone/Ennio Leanza
In fact, the OECD has called on Switzerland several times to close this gap in the fight against corruption. That’s what Basel Green National Councilor Sibel Arslan also wants: “The pressure is there. The OECD partner countries have said that we should do something by the end of the year.”
Ultimately, it was the members of Switzerland’s parliamentary delegation to the OECD who submitted this proposal, Arslan continued. Last year, they convinced the Council of States to legally protect whistleblowing in the private sector and to increase the penalties for companies.
Transparency regrets the decision
That would be important, says Martin Hilti, Managing Director of Transparency International. “It is often only possible to uncover corruption and other misconduct thanks to whistleblowers. This is not only in the interest of the people concerned and the public, but especially of the company.”
For this reason, various companies have voluntarily improved protection. According to Hilti, around 60 percent of companies have set up a reporting point. This shows that there is a need for action on the part of politicians.
We don’t really like working for the gallery.
However: Opinions are made in the National Council – which is why the current Minister of Justice Beat Jans came to the conclusion: “We don’t really like working for the gallery. We want to help you. But with this proposal we are not able to do that at the moment.”
As was the case four years ago, the National Council clearly said no to a new attempt to provide better legal protection for whistleblowing. Accordingly, the OECD will increase the pressure on Switzerland.