Government reticent on lobbying register

Government has missed its own deadline to introduce a package of reforms to strengthen transparency by the end of 2024, which could have included a lobbying register.

A spokesperson for the Prime Minister’s office reiterated the commitment to introduce “additional reforms” to strengthen accountability and transparency but was reticent on whether this would also include the introduction of a ‘transparency register’.

A transparency register would require ministers to log their meetings with lobbyists in an official and publicly accessible document.

Back in September, when asked by MaltaToday whether the government intended to heed the recommendations made by the Commissioner for Standards in Public Life and the Organisation for Security and Co-operation in Europe (OSCE) to introduce such a register, a spokesperson announced an “additional package of reforms as part of its ongoing efforts to strengthen governance, institutional integrity, and the rule of law framework,” which was to be revealed “later this year.”

However, by the end of 2024, no such reforms had appeared, prompting MaltaToday to ask the Prime Minister again whether he still intended to introduce this package and whether it would include a transparency register.

A spokesperson for the Prime Minister replied that the government remained committed to “further enhancing accountability and promoting transparency across all institutions”. The spokesperson added that “following the transposition of the anti-SLAPP directive into national law, the government will spearhead additional reforms based on recommendations that align with the European Commission’s suggestions in its Rule of Law Report, while also taking into account insights from both local and international organisations and institutions.”

The European Commission’s Rule of Law Report, issued in July 2024, focused on recommendations to further strengthen the efficiency of the justice system, particularly in reducing the length of proceedings. However, it did not include any specific recommendation regarding the introduction of a lobbying register.

Furthermore, the report also noted that recommendations issued by the OECD for strengthening the Office of the Commissioner for Standards in Public Life, the codes of ethics for ministers and members of Parliament, asset and interest declarations, and the introduction of “lobbying measures” have not yet been implemented.

The transparency register saga

In September, MaltaToday revealed that the Office of the Prime Minister had ignored three official reminders over the past four years from the Commissioner for Standards in Public Life regarding the enactment of a transparency register, which would require ministers to log any communication, including electronic communication, with lobbyists, making this information publicly accessible.

These included a reminder issued in November 2023 by the current commissioner, Joseph Azzopardi, who wrote to the Prime Minister recommending the implementation of OECD proposals on asset and interest declarations by MPs. He also reminded the Prime Minister that recommendations on regulating lobbying, made by his predecessor George Hyzler, had remained unaddressed. The Commissioner confirmed that his office had received no response to these letters and was unaware of any government action on the reports.

Despite this reticence, the Labour Party first made a pledge to introduce a lobbying register in its 2017 electoral manifesto, which promised that the transparency register would be public and used to declare meetings, potentially creating conflicts of interest. Former minister Aaron Farrugia had also announced his intention to set up his own register but then opted to wait for the introduction of a law covering all MPs.

Despite growing concerns about the influence of powerful lobbies, such as the construction industry, the register has not been enacted. Meanwhile, Labour officials still criticised EP President Roberta Metsola over a Politico report that revealed the EU Parliament’s transparency register specifically excluded the office of the Parliament’s president, prompting former Labour MEP Cyrus Engerer to call on the party to lead by example.

The issue resurfaced when the government announced a local plan review allowing Anton Camilleri, known as Il-Franċiż, to apply a policy permitting high-rise hotel development on the Villa Rosa site. Both the Prime Minister and the Leader of the Opposition refused to confirm whether they had discussed the local plan change with Camilleri.