Lobbying by parties and church exempted from transparency rules

A new code of ethics proposed by Standards Commissioner George Hyzler will make it obligatory for government ministers to log any meeting or communication with NGOs and lobbies in which new laws or policies are discussed, in a transparency register.

But meetings with both religious entities and political parties in which new policies and laws are discussed, will not have to be logged in the new registry.

Contacted by MaltaToday, Hyzler explained that this exemption does not apply to cases where political parties or religious entities communicate with a minister concerning development permits, the zoning of land, concessions of public land, and the use of public funds, land and other resources.

But ministers will be under no obligation to minute and record meetings with religious groups and political parties which may have a direct bearing on policy-making and pending legislation.

“The proposed exemption for political parties and religious entities stems from the public nature of these entities, which tend to communicate with government openly, and normally publicize their positions and proposals as part of their functions,” Hyzler said.

But the decision to exempt political parties and religious organizations from lobbying rules is not a final one.

“Following the publication of the consultation paper on lobbying by my office, I have received feedback from various entities and organisations, including on this question, and shall be compiling and issuing a report which shall address all proposals and feedback.”

The new rules make it obligatory for politicians to record any meeting with lobbyists in which public policies and changes to the law are discussed.

This also applies to communication with regards to financial support and any agreement involving public funds or concessions of public land or other resources.

The transparency register, which will be freely accessible to the public, will include the names of all those attending these meetings and the date and location of such meeting and also any decisions taken, or commitments made through the communication. Minutes will also be kept of these meetings.

The obligation to register is not limited to formal meetings but also covers communication by email and WhatsApp.

The Commissioner may still withhold information in the Transparency Register from the public if the publication of any information could have “serious adverse effects on the financial interests of the state, the national economy, or the business of any person.”

Nationalist MP Jason Azzopardi is proposing a new law making it illegal for public officials to use private communication means in the discharge of their duties.

The law would criminalise the use of “unofficial or unauthorised electronic resources” by public officials in the course of their duty. The crime would carry with it a prison sentence of between one and eight years.

Azzopardi’s initiative comes on the back of criticism that had been levelled at former prime minister Joseph Muscat, who used a private email domain in the discharge of official duties.

Muscat’s use of his private email had also been the subject of criticism by the Auditor General since it could not be scrutinised.