Issue link: https://maltatoday.uberflip.com/i/1053035
17 maltatoday | SUNDAY • 18 NOVEMBER 2018 INTERVIEW member of parliament: resulting, for instance, in a parliamentary vote being taken on the basis of that allegation. Would you investigate the case? Or would you wait for proof to emerge? In such a case, the proof would have to emerge in the course of an investigation… But would you start an investigation only on the basis of an unsubstantiated allegation? There is a procedure to be followed: it could either start with a report submitted to my office, in which case I would investigate on the basis of that report. Alternatively, I could, on my own initiative, decide that there is basis for an in- vestigation. In either case, the outcome of the investigation would take the form of a re- port, to be either submitted to the parliament's standing committee on standards in public life – which is chaired by the speaker, and two mem- bers from either side – which will then take a decision on the basis of that report; or it could be passed on to the police or other authority, de- pending on the nature of the case. If there is a criminal le- gal infringement involved, I would pass the report onto the police. In some parliaments overseas, elected representatives are also expected to keep a diary of all their private meetings and encounters; a record of all their financial dealings and transactions; a list of all gifts received, etc. In Malta, this is not obligatory. How can your office perform its role, when there are so many lacunae in our system? The new law does, in fact, provide for such circumstanc- es. One of my responsibilities is to monitor lobbying activi- ties, which includes gifts. It is easy to say 'don't accept any gifts'… but when does a gift become problematic? Is accepting a biro, a 'gift'? Or does it have to be a car? In the European commission, for instance – because, naturally, before accepting this role I did a little 'homework', as it were – there is a register of gifts. It lists the type of gift re- ceived, who gave it, how much it was worth, etc. But it all de- pends on the circumstances. For instance, it doesn't neces- sarily have to be the public of- ficial who accepted the gift. It could have been accepted by their spouse, or other family members. Depending on the circumstances, that could be just as bad… But do you have the legal power to enforce such practices, and make them obligatory? Yes. Primarily, my job is to put flesh on the bones of the existing code of ethics, and start building it up; to estab- lish parameters regarding what is acceptable, and what is unacceptable. Why? Because at present, there is nothing. Today, MPs are not subjected to any form of scrutiny… ex- cept by the media, and by the electorate every five years. Are we talking only about behaviour that is illegal… or does your role also extend to monitoring behaviour in private life? Yes, because that is an exten- sion of the code of ethics. It doesn't only concern actions that are illegal; the code also dictates how public officials should conduct their personal affairs… determining what sort of action or behaviour is improper or unbecoming. If we manage to reach a situa- tion where members of par- liament – because they know there is an office that is moni- toring these things – improve the way they conduct their public life… I believe that more people will be enticed to enter politics. And more valid people, too… Are you concerned that you might be inundated by a large number of (mostly vexatious) complaints? As an election approaches, for instance, and the political pressure intensi- fies… do you sense a danger that your office will become just another battle-field in the political war? Yes. I'm expecting it, in fact… How will you react? I think I should respond to each case according to its own merits, and with all the ur- gency it deserves. And I hope that, because of my age and my experience, I will be able to distinguish between cases that are genuine, and those which are motivated purely by publicity considerations... As someone who was active in the Nationalist party (though it was several years ago); and above all, who is personally acquainted with many of the people you will now be monitoring and scrutinising – will you allow yourself to be influenced by those factors? Will the fact that there may be attacks on former colleagues or friends of yours, have an effect on how you carry out your functions? No, absolutely not. This is like becoming a judge or a magistrate. A case comes be- fore you, and you decide on the merits of that case, with- out looking at the identities of the people involved... But surely it is difficult… It is difficult, naturally. But at the same time, we're not talking about the appointment of a boy who has just left school. We're talking about the appointment of a mature person, who has already served a similar role – albeit at a much lower level – [as Chamber of Advocates president]: in that capacity, I often had to decide on cases concerning ethical behaviour of lawyers. They were all acquaint- ances, friends, and colleagues of mine, too. But where I had to be tough, I was tough… You have only been in this new role for a few days. How much more time will be needed, from an administrative perspective, before we reach a point where the Parliamentary Standards Commissions will truly be able to fulfil its functions? We are building up the team as we speak. Even the physical office, to be frank: it all has to be built up from scratch. Part of what attracted me to the role in the first place is that I will be the first to occupy it; it is my job to lay down the foundations, and to make an imprint on the role for those who come after me. But to give you a more specific an- swer: I think that within two months – by January, more or less – we will be up and running. Having said this, it doesn't mean there will not be any complaints made before that time, or that they won't be addressed before then. Out of curiosity: have any complaints been submitted already? I don't think it's my policy to reveal details about complaints as they are received; but when decisions are taken, you can rest assured they will be made public. I often had to decide on cases concerning ethical behaviour of lawyers. They were all acquaintances, friends, and colleagues of mine. But where I had to be tough, I was tough PHOTOGRAPHY BY JAMES BIANCHI