Malta could have new standards czar by 6 March

Malta is set to have a new Commissioner of Standards by 6 March after parliament’s house business committee agreed to a timeline of votes for the appointment.

Parliament is currently discussing a legal amendment to introduce an anti-deadlock mechanism in the appointment of the standards commissioner.

The proposed amendment allows the standards commissioner to be appointed by parliament through a simple majority vote if the nomination fails to garner a two-thirds majority in two previous voting rounds.

Parliament will take a vote on the amendment after the second reading on Wednesday, and then there will be a division of votes on 23rd February.

When the law is enacted, parliament will discuss a motion to appoint former chief justice Joseph Azzopardi to the post of Commissioner of Standards.

A vote on the nomination will be held on 20 February at 7pm. For the nomination to go forward, it would need a two-thirds majority of votes in parliament, requiring cross-party support.

If there is no agreement on the first vote, a second vote will be held on 27 February at the same time.

The third and final vote, which would only require a simple majority, will take place on 6 March.

The law setting up the standards commissioner is an ordinary law and so government only requires a simple majority to change it. The post was set up in 2018 and the commissioner is tasked with investigating claims of ethical breaches by MPs and persons of trust.

The post of standards commissioner has been vacant since the end of September when George Hyzler resigned to take up his post at the European Court of Auditors.

Talks between Prime Minister Robert Abela and Opposition leader Bernard Grech failed to reach consensus on Hyzler’s replacement.

Abela proposed former chief justice Joseph Azzopardi but the nomination was rejected by Grech. Given that the appointment requires a two-thirds majority in parliament, the Opposition’s refusal to play ball led to an impasse.

Abela has accused Grech of first agreeing to both names only to recant on Azzopardi’s nomination after internal pressure. Grech has refuted the claim, insisting he never assented to Azzopardi’s nomination for standards commissioner.

In the wake of the impasse, Abela put forward legal changes to introduce an anti-deadlock mechanism when no consensus can be reached on the appointment of the standards commissioner. The move was criticised as autocratic by the PN.

The legal text states that a two-thirds majority is required in the first vote. If the majority is not achieved, a second vote is taken seven days later. This will also require a two-thirds majority. If no consensus is reached, a third and final vote will be take seven days later and only a simple majority will be required at that point.

The Bill also states that new nominations can be introduced before the second and third votes.