Issue link: https://maltatoday.uberflip.com/i/1100407
04.04.19 2 NEWS DAVID HUDSON THE Council of Europe's Group of States against Corruption (GRECO) evaluation of Malta was published to- day, saying that Malta "clearly lacks an overall strategy and coherent risk-based approach when it comes to integrity standards for government officials." e GRECO report published in its entirety said that stricter rules are need- ed on ancillary activities of top officials including their involvement in legal constructions and off-shore operations, conflicts of interest, declarations of as- sets and interests and the general verifi- cation and enforcement regarding such rules. "A system of sanctions is also clearly lacking," the report reads, adding that the criminal justice system was at risk of paralysis and that a redistribution of responsibilities between the Attorney General's Office, the Police and the in- quiring magistrates was required to avoid this situation. "Certain institutions have also turned out to have no real added value after 30 years of existence, such as the Per- manent Commission against Corrup- tion: it has handled over 400 cases and the limited data available suggests that it has not achieved concrete results to date," it read, adding that the newly es- tablished Commissioner for Standards in Public Life, to enforce the integrity standards, "certainly deserves a better fate." A high perception of corruption e GRECO report said that opinion polls reveal a high level of perception of corruption and criticises the lack of vis- ible disciplinary or criminal justice re- sponse to a number of allegations faced by top officials. According to the special Eurobarome- ter on corruption published in Decem- ber 2017, a large proportion of Maltese respondents consider that bribes, gifts and favours are not acceptable. Howev- er, 79% see corruption as widespread in Malta (EU average: 68%). With regards to perceived corruption in the police and customs, the propor- tion (44%) is significantly higher than the EU average (31%). "Even when some of the [allegations] have been confirmed by subsequent au- dits... the senior officials who have been suspected of criminal or ethical misbe- haviour are still in function," the report laments. e document highlights the inef- fectual conduct of supervisory bod- ies which are "of little use" since these themselves are "unaccountable and/or ineffective" since they depend heavily on the government's authority. "State institutions and the public administra- tion must work in an impartial manner in the furtherance of the common good, and not be a tool at the service of the ruling majority of the moment. A num- ber of European institutions, both at a Council of Europe and EU level, have expressed concerns even with regard to the state of the rule of law in Malta, especially after a journalist who covered many stories was killed,' the report said, referring to the assassination of the late investigative journalist Daphne Carua- na Galizia. Impotent police e report said that for a country of Malta's size, on paper, the island had an "impressive arsenal of public institu- tions involved in checks and balance." However, the framework in place to prevent corruption amongst per- sons with top executive functions was deemed ineffective. e effectiveness of these public in- stitutions were questioned in recent years with an "unprecedented wave of controversies", including misuse of state resources and nepotism, conflicts of interest in relation to privatisations, tenders, energy supply, the sale of land, measures to attract foreign investments (including the sale of passports), and the award of contracts and public po- sitions. For this reason, the report questions the effectiveness of public authorities in bringing unethical behaviour to justice. It called for whistleblowing measures to be introduced in the police force as well as a clear policy on reporting and disclosures coupled with protective measures. "A Chief Executive Officer was ap- pointed in 2017 to modernise the man- agement of the human resources and to implement the necessary policies needed to restore trust in the police. is can only be welcome," the report reads, adding that a number of desirable improvements included a more robust training system, the introduction of a communication policy and a clear mer- it-based approach for career decisions and promotions. The murder of Daphne Caruana Galizia Two years prior to the assassination of Caruana Galizia, in April 2016, the police received the reports from the Financial Intelligence Analysis Unit (FIAU) on suspicious financial activities involving the government. Shortly after, the police commission- er at the time, Michael Cassar, went on leave and subsequently resigned for health reasons. "e inaction of the police led to the subsequent leaking to the press of three FIAU reports concerning government officials. Despite these incidents, espe- cially in the year 2016, the official com- munication reportedly embellished the situation. e Prime Minister also de- cided after a government reshuffling to retain the officials concerned (instead of dismissing them) and in 2017 early elections were held, which turned into a plebiscite for the ruling majority," the report reads. It describes the situation as a "crisis" with its culmination being the assas- sination of Caruana Galizia who had been, at the time, reporting extensive- ly about a number of anomalies in the conduct of public affairs in recent years. e report mentions how tremen- dous foreign support led to the arrest of three suspects. However, it said, these are considered by many as mere execu- tants acting at the request of influential persons. Omnipotent Prime Minister e GRECO report commented on the large powers vested in the Prime Minister of Malta. It notes the ceremonial role of the President whose powers listed in the Constitution were exercised vicarious- ly through the supremely more potent role of Prime Minister, including the dissolution of the House of Represent- atives on the basis of the advice of the Prime Minister, and names most mem- bers of constitutional bodies with the advice of the Prime Minister, including the Attorney General, judges and mag- istrates, members of the Public Service Commission, members of the Broad- casting Authority, and members of the Employment Commission. e power to make appointments to public offices and to remove and to ex- ercise disciplinary control over persons holding or acting in such offices also rests in the Prime Minister. "It is clear," the report reads, " that the Prime Minister [has] significant powers over the Maltese State apparatus." 'Malta lacks integrity standards for government officials' GRECO report GRECO's recommendations • More robust and systematic awareness-raising measures (e.g. refresher training and workshops, guidance documents, written reminders) should be provided to all persons entrusted with top executive functions • GRECO recommends that the implementation of the Freedom of Information Act of 2008 be subject to an independent and thorough analysis and that in light of the findings, additional measures be taken so that exceptions to the rule of public disclosure are interpreted and applied more specifically and narrowly • It recommends the provision for the disclosure, as a rule, of governmental draft legislation and other texts of particular public interest, accompanied by an appropriate level of consultations and in that context that only specific and limited exceptions to this rule are possible and clearly regulated and that the outcomes of public consultation procedures are published online in a timely and easily accessible manner • GRECO recommends that rules be laid down to govern contacts between persons with top executive functions and lobbyists/third parties that seek to influence the public decision-making process and the disclosure of such contacts and the subject-matters discussed • The report recommends that measures be taken to solve the legal situation of persons of trust and to limit the number of such discretionarily appointed officials to an absolute minimum • GRECO recommends that the current regime of asset and interest declaration be further developed by extending to persons entrusted with top executive functions, including persons of trust who are associated with a minister's decision-making, the duty to file a detailed declaration with the Commissioner for Standards in Public Life, and considering including information on the spouses (it being understood that the latter information would not necessarily be made public), and ensuring that all declarations are made systematically, easily and publicly accessible on-line "It is clear that the Prime Minister [has] significant powers over the Maltese State apparatus"