GRECO calls on Malta to revise MPs’ code of ethics

GRECO, the Council of Europe’s corruption watchdog, has called on Malta to revise its code of ethics for parliamentarians, which was adopted in 1995, to make it enforceable.

According to GRECO the Maltese code also needs to be amended to regulate matters which are not already covered, including gifts, the misuse of confidential information and the disclosure by MPs, at the start of parliamentary debates, on particular issues in which MPs may have a personal interest.

The justice ministry said it has taken note of the GRECO report and that it had welcomed measures taken in the fight against corruption and justice reform. "The report also discusses subjects that are sensitive to the way our institutions work. The government appeals for objective discussion to follow on these reports."

The 1995 code introduced a Register of Members’ Interests which contains personal information submitted by each member, some of which has so far not been available for public scrutiny.

In its annual report which GRECO published this week, it expressed concern on the conflict of interests of Maltese Parliamentarians who are  “generally part-time legislators who maintain their private practices”. 

According to GRECO the private interests of parliamentarians create the “potential for a conflict of interests due to the personal and professional networks and business links built across Malta”.

GRECO feels that one issue faced by parliamentarians is that of publicly demonstrating “decision-making independence” while still being exposed to this potential conflict of interests.

On a positive note the report notes that a number of good disclosure rules and practices have been introduced in recent years and that the Maltese parliament demonstrates a “notable level of transparency in its formal legislative processes”. 

While GRECO commends the fact that a code of ethics for parliamentarians had been introduced almost 20 years ago, that code needs a “thorough revision and update”.

This is because it does not sufficiently cover some topics that one might expect to see in such a code.

These include third party contacts, misuse of confidential information, and the misuse of public resources. These resources may include money, offices, equipment, facilities and staff. 

Moreover several of the provisions in the code raise substantial questions and ambiguities with regard to their application. These include rules on the acceptance of gifts, honoraria and the disclosure of personal interests at the outset of parliamentary debates.

“There is no designated source of counselling or training on the code, and it also lacks an adequate supervision and enforcement mechanism,” the report says.

GRECO notes that a Standing Committee is working to address ethical issues in parliament and that draft legislation is now underway to reinforce ethical conduct and accountability in public life.

Describing the adoption of this legislation as a step forward, GRECO is proposing that it should apply not only to members of parliament in general, but also to ministers, parliamentary secretaries, parliamentary assistants, as well as employees in a position of trust and persons engaged as advisors or consultants to the government and any statutory body.