Manuel Villoria: "We must put an end to the idea that large corporations are above the system."

BarcelonaThe Independent Whistleblower Protection Authority is a newly created public body designed to protect whistleblowers. Manuel Villoria, its president, speaks to ARA to explain the body's functions in the midst of the Montoro and Cerdán cases.

What exactly is the Independent Whistleblower Protection Authority?

— This body was created under European regulations and has two major powers: the first is to create an external reporting channel for companies and the public sector so that everyone can submit all types of information, not only cases of corruption, but also any breach of regulations. The second major power we have is to protect whistleblowers [in cases of corruption], as there have been very harsh prosecutions at a very high personal cost. It is independent of political power; its president cannot be removed—he serves a five-year term—and it has a certain economic and financial autonomy.

And how is this independence guaranteed?

— The key is the names, that is, whether the person you appoint feels committed to fulfilling what the law mandates and not serving one government or another. If you appoint someone who, even if you can't remove them, has a party or personal commitment, then it doesn't matter, because they will be serving the political power.

And you guarantee this independence?

— I personally feel very independent. I come from university and the fight against corruption. I'm now a co-founder of Transparency International.

Because?

— Imagine you file a complaint against your newspaper for corruption. You can do it anonymously, but if it were known that it was you and you were fired, it would be clear retaliation. And what could the authorities do now? They could offer legal advice, free legal assistance, psychological support... but you'd still be fired.

It would still be heroic to denounce corruption, then.

— Therefore, I believe the law must change. We must have the ability to suspend these types of decisions and also the ability to offer compensation.

Right now, there are people protected by the Anti-Fraud Agency in Catalonia who are complaining that the protection is ineffective.

— I believe—and this is not to defend the Anti-Fraud Office—that they are doing a good job and are well protected. There may be people who don't feel well protected, but they also have limited powers. We haven't yet opened the external channel because there are three of us in that Authority, and that would be irresponsible. We're starting from scratch. Getting it up and running takes time. The goal is to have it ready by November 1st. And the problem now is that there's no budget because the last public accounts were in 2022.

And when the Spanish Prime Minister appeared before Congress and announced measures to strengthen the Whistleblower Authority or create another public integrity agency... how did that fit with your role?

— The president's decision to take these measures is consistent with having a national corruption strategy. Normally, we assume more powers and become an anti-corruption agency. Funding and regulatory changes are needed. The Minister of Finance needs to get her act together and provide the money, because otherwise, it's impossible.

What skills do you want?

— We should take over the Conflicts of Interest Office, the Transparency Agency, the Contract Regulation Office... We need an anti-corruption agency that truly coordinates and addresses all prevention issues to avoid a lack of coordination.

If this agency had been operational, would the Montoro case have been avoided?

— If all the government reforms were in place, it would have been more difficult. The first thing we would have is a law regulating lobbying, which would have meant much more transparency. If this law is well-drafted, anyone who meets with a public official would have to report their objectives, how much the lobbyist has earned, etc. But at the same time, a new law on conflicts of interest and incompatibilities is also needed: now, a senior official has to refrain from entering the private sector for two years after leaving the areas they have regulated, but senior officials in the Treasury. This shouldn't be the case either...

Collaboration from within the ministry was needed to obtain tax information... internal control has been severely lacking, hasn't it?

— Without a doubt. How can a minister have tax information? I thought this was impossible. The fact that senior officials and senior civil servants were able to obtain information is a disgrace. If whistleblower protection had been in place, perhaps they would have warned us from within. That's also why there's a lack of training.

Is there more corruption among politicians or public officials in Spain?

— In Spain, public officials don't usually accept bribes. However, political corruption does exist. They are the ones with the most power and sometimes need the collaboration of an official or simply to look the other way. It must be taken into account that our system is hierarchical, and officials can be dismissed with great freedom when they reach a higher position. It makes it difficult for them to file complaints.

And would the measures be sufficient to avoid a case like Cerdán's?

— Yes, because when the Authority is up and running, the first thing we'll do is inspect the parties' internal reporting channels and who's responsible. In practice, they don't work; no one reports within the party.

Much attention is focused on what happens in the public sphere, but there is a corporate system that seems willing to pay for political favors.

— Yes, it seems open to active bribery; it exists and is well established, especially in sectors such as construction. The corruption agency should be able to evaluate the system of bribery. compliance and impose sanctions. And companies [implicated in corruption] should also be prohibited from contracting with the government again. This is in the law, but it's not currently enforced. There's a lot of impunity among companies; they're very powerful, with large law firms... and in the end, they always fire the person responsible, if possible, before it comes to light.

Is there more impunity for companies than for politicians?

— There's more impunity, yes, because companies are less transparent and people have the right to manage their business as they see fit... but I think there's been an over-emphasis on the role of large companies in the Spanish economy. Yes, they're very important, but they can't continue acting this way. This is an area we must clearly address; we must have a system of sanctions and tell companies that this era is over and we're entering a new era.

When you say "this moment," what are you referring to?

— Well, at a time when they've had a tremendous ability to influence public contracts, to agree on prices, and even to corrupt officials without any real sanctions... We must put an end to the idea that they are above the system and must also assume their responsibilities in relation to the general interest.