Muscat and Busuttil fight it out on code of ethics

Prime Minister Joseph Muscat refused to be drawn into an argument with the Opposition leader Simon Busuttil over whether the Ministerial Code of Ethics allowed the prime minister to grant waivers to ministers allowing them to continue their private practice.

In a Parliamentary question Nationalist MP Jason Azzopardi asked which part of the code allowed Cabinet members to continue their private practice while in office.

Standing in for the Prime Minister who had not yet arrived in Parliament, parliamentary secretary Michael Farrugia said the reply would be given during another sitting, however Azzopardi insisted on getting an answer.

In reply, Farrugia explained that the code was a non-binding guideline and noted that the previous administration had also allowed ministers to continue lecturing at University.

As Prime Minister Joseph Muscat entered the House and took his seat, Opposition Leader Simon Busuttil pounced on him and asked why Muscat was not answering the question.

Repeating what his parliamentary secretary had just explained, Muscat insisted that he would be providing a detailed answer in another Parliamentary sitting.

"I have no problem in giving an answer, however as was the practice in the previous legislature the Opposition should not make supplementary questions to PQs which would be answered in another session. Otherwise, instead of giving a detailed answer we will end up giving a spontaneous answer."

Busuttil retaliated by asking Muscat to least explain if the code of ethics allowed waivers.

Once again Muscat repeated the written answer, telling the House that an answer would be given at a later stage.

"Does this mean that you do not know the answer?" Busuttil asked, to which Muscat replied, "That is not what I said."

The issue initially surfaced last month after Prime Minister Joseph Muscat allowed parliamentary secretary Franco Mercica a 'limited waiver' to perform specialized eye surgery.

Muscat had defended his decision and said that the code of ethichs needed to be revised in light of the controversy surrounding Mercieca.

Speaking to MaltaToday in April, Muscat had said 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, had 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.