Parliament debates Bill to subject MPs, political appointees to scrutiny

Parliament has started debating a Bill that would create institutions to scrutinize the ethical behaviour of MPs, people of trust and government advisors and consultants.

Deputy prime minister Louis Grech hailed the Bill as one that would set politicians to high ethical standards, while shadow justice minister Jason Azzopardi described it as a “watershed moment” for Maltese politics.

The Bill – that was jointly agreed to by government and Opposition back in 2013 - will establish a commissioner and parliamentary committee for the upholding of standards, ethics and proper behaviour in public life.

The commissioner will be appointed for a single five-year tenure and must be approved by two-thirds of MPs, so as to ensure the appointee’s impartiality. 

She or he will have the power to summon witnesses, administer oaths to them, and demand they give relevant evidence and provide documents in their custody. Those who refuse to turn up or to provide documentation will be subjected to a €2,500 fine or a three-month prison term.

However, the Commissioner will not be able to investigate allegations on acts that would have taken place before the Bill passes into law, and will be able to reject requests to investigate cases deemed trivial, frivolous or made in bad faith.

Documents that the Prime Minister deems to harm national security, the economy or international relations, or those that disclose Cabinet proceedings, will be exempt from disclosure.

The Commissioner will not have executive power, but will be tasked with drawing up a set of recommendations to a new parliamentary committee for standards in public life – composed of two government MPs, two Opposition MPs and chaired by the Speaker. If investigations indicate criminal offence or corruption, the commissioner will be obliged to refer his findings to the police commissioner or to the Permanent Commission Against Corruption. If the ethical breach is a minor one, the Commissioner may grant the person investigated a time limit to cure the breach.

The five-person committee will be tasked with analyzing the Commissioner’s reports, and deciding whether or not to adopt the recommendations. In cases of a tie, the Speaker will be given a casting vote. If the committee rules that the Code of Ethics has been breached, it may admonish the person or refer the case to the police or the anti-corruption committee. If the person involved is a consultant or person of trust, the committee may order government to remove him from the role. If the politician is an MP, the committee may demand an apology in writing or by way of a personal statement in the House, call for the repayment of or payment of resources improperly used, and recommend that the House take any additional measure it deems fit.

Government and Opposition jointly agreed on the Bill back in 2013, and it passed through the first reading back in May 2014.

‘A watershed moment for politics’

Deputy prime minister Louis Grech said that the Bill will help politicians regain public credibility.

“We cannot buy public trust, but must work for and earn it. This Bill represents a step forwards towards a new culture that will subject MPs and political appointees to a higher level of scrutiny than they have ever received.”

He argued that the current Labour administration has been held to a higher level of public scrutiny on good governance than any of its predecessors, but warned his colleagues not to excuse their own bad behaviour by referring to shortcomings committed by the previous Nationalist administration.

He also suggested that the new commissioner come up with a set of standards to clearly define what constitutes ethical political lobbying, and called for a register for lobbyists to prevent conflicts of interest from arising.

Shadow justice minister Jason Azzopardi hailed the Bill as a “watershed moment” in the political scene, arguing that it could be the foundation upon which the public will regain trust in politicians.

Quoting Shakespeare, he said that the Labour governemnt’s pre-electoral pledges of meritocracy, transparency and accountability were “more honoured in their breach, rather than in their observance.”

He took the government for task for holding public contracts from publication, warning that such behaviour was “anathema” to MEPs.

“MEPs find it inconceivable for a European government to sign a long-term contracts with huge financial implications and then refuse to publish them,” he said.

He also criticised the government for “watering down” the Code of Ethics for ministers and parliamentary secretaries last year – such as by removing the requisite for them to declare their spouses’ and childrens’ assets, and by allowing them to hold second jobs.  

He read off a string of newspaper editorials against the Labour government, that eventually drew the ire of social solidarity minister Michael Farrugia, who exited the Chamber right after telling Azzopardi that “people in glass houses shouldn’t throw stones”.

“Foreigners will read these editorials online too, and that won’t help Malta’s reputation ahead of its upcoming EU presidency,” he warned.