Speaker seeks end to unfounded parliamentary claims against non-MPs

Speaker of the House Anglu Farrugia has called for a revamp of the parliamentary privileges system that would discourage MPs from making unfounded claims against third-parties in Parliament.

“It is unacceptable that MPs use their parliamentary privilege to make unfounded allegations against people who don’t enjoy the rights of MPs to raise a breach of privilege,” Farrugia said on Monday night’s TV programme Reporter. “This must end immediately.”

He suggested the adoption of the Australian model, whereby people who feel offended by parliamentary claims made against them will be able to seek a remedy via the mediation of the Speaker. The MP who made the allegation will then have to substantiate their claims or retract their allegations.

Farrugia, Malta’s first full-time Speaker, also said that it is time to revisit Parliaemnt’s Standing Orders that were inherited from the UK’s House of Commons.

“MPs shouldn’t be allowed to speak about any subject for 40 minutes,” he said, calling for the introduction of a hybrid formula to limit speaking time.

He admitted that a challenge he must address is provocative comments from either side of the House, now in closer proximity to each other due to the circular seating arrangement in the new parliament building.
A corollary to the dignity issue was discipline. Ever since parliamentary sittings started to be televised, said Farrugia, a few MPs felt that they had to turn up the heat on the opposing benches.
He didn’t exclude that some MPs play to the gallery, however, adding that he had a duty to see that this doesn’t happen.

“In fact I have suspended sittings a couple of times. I will not be doing that again, but will apply the standing orders,” he warned.
When questioned, the Speaker explained that everything was already in place for the new building when he had accepted the role and that direct contact between journalists and MPs is still possible, if admittedly more restricted than it had been in the Palace.

He highlighted the ongoing discussion of a Bill for the appointment of a Commissioner for Standards in Public Life who will be responsible for conducting independent investigations into alleged breaches of the Parliamentary code of conduct.

He explained that serious offences could even result in the instigation of criminal proceedings.
The Bill is currently still in its second reading, but Farrugia said that he expects the commissioner to be independent and report to the House, having “absolute powers.”

By the time Farrugia relinquishes the post, he said he hoped to see the functioning of an autonomous parliament with more responsibility on display by every MP, both in preparation for parliamentary debates and in their behaviour.  

“This means that the Standards Commissioner will need to have enforceable powers,” he said.
Farrugia, Labour’s former deputy leader, said that he will not contest any further election, so as to have better moral authority in Parliament.

“It isn’t an easy role,” he admitted. “You must give rulings, and there were rulings in which I ruled against the Prime Minister.

“You must be capable of giving rulings with a clean conscience… but there were hard decisions,” he said, citing as an example his ruling that the Public Accounts Committee had the right to scrutinize the contract awarded to Henley & Partners in connection with the IIP scheme.