Update 2 | Muscat defends ‘limited waiver’ for Mercieca’s practice, PN on the attack

Prime Minister Joseph Muscat has defended his decision to allow parliamentary secretary Franco Mercica a 'limited waiver' to perform specialized eye surgery.

Muscat told MaltaToday that Mercieca's profession as a specialist ophthalmic surgeon was very limited in Malta.

"Patients shouldn't suffer because of his new appointment, especially when his profession is very limited on the island. With all due respect, Mercieca is not a lawyer or an architect of which there are in abundance," Muscat said, insisting that he was not ignoring the code of ethics for ministers.

"I have asked for a revision if the Code of Ethics to update it to today's realities," Muscat said.

The code states that a government minister must make the necessary arrangements immediately, to ensure that he does not continue to participate in the payments or profits due for work done after his appointment as minister. Ministers are expected not to continue with private work and devote their whole time to official duties. The prohibition covers consultancies, attendance at offices and clinics to give professional advice, even if the work is not remunerated.

Mercieca, parliamentary secretary for the elderly and disabled peoples' rights, has admitted that he was still seeing patients after being appointed to Cabinet, defending his actions because he is the only ophthalmic surgeon specialising in cornea and anterior segment surgery.

"I was given a very limited waiver by the Office of the Prime Minister to follow up cases where I am the sole medical practitioner in the field and dedicate a few hours a week to safeguard the interests of these patients," Mercieca told The Times.

Mercieca said he is not being paid for medical services rendered in the public hospital, but he is still being paid for private practice.

The Nationalist Opposition took the occasion to declare "the end of transparency and governance", saying Muscat's decision breach the code of ethics.

"The code is not there to be quoted only when it suits someone, or hidden when a decision like this is taken behind the back of the Maltese people and without valid reason," the PN said in a statement.

"The code is there to guide politicians to be of service to the country when accepting an executive role. Who accepts this role is tied to this responsibility, and knows upon taking their oath of service that they must dedicate themselves absolutely to public service."

The PN said that anybody who is appointed to the country's executive must leave their private practice and dedicate time and energy exclusively to public service.

"Only in this manner can any perception of conflict of interest be avoided... the Prime Minister has created a scandalous situation by allowing Mercieca to breach the code and focus less on his primary responsibility, that of parliamentary secretary. This creates a dangerous precedent."

In a reaction to the news, Opposition MP Jason Azzopardi stated on his Facebook wall that the "secret" move to give Mercieca a waiver had put paid to Muscat's own criticism of the secret raise in ministerial salaries by the Gonzi administration.

"Mercieca is widely respected and capable in his profession. Every cent in his private profession is his by right... but not at the expense of his official role," Azzopardi said, who also benefited from the salary increase in 2008 as parliamentary secretary. "Not even Mintoff would allow something like this. The solution is not to accept an official role, and not to bend the rules, especially after presenting yourself as the champion of good governance."