Issue link: https://maltatoday.uberflip.com/i/1187474
NEWS maltatoday | SUNDAY • 24 NOVEMBER 2019 MATTHEW VELLA MALTA'S commissioner for standards in public life has doubled down on an important decision in which he called out the Labour government's practice of turning MPs into highly-paid government func- tionaries. George Hyzler issued his statement to counter a reaction from Malta's head of the civil service, Mario Cutajar, who in his own view has insisted that making MPs persons of trust, consultants or members of of- ficial boards was not in breach of the Constitution or does not create a conflict of interest for MPs so engaged. "I have carefully considered the arguments put forward by the Principal Permanent Sec- retary and his legal advisors, but I am unable to agree with them," Hyzler said. "The issues at stake are not obscure legal matters of con- cern only to lawyers. They are fundamental issues that concern every citizen of this country. The Principal Per- manent Secretary and I seem to be departing from different standpoints. My goal is to pro- mote the raising of standards by improving upon the princi- ples that underly our Constitu- tion, whereas the government, as shown in [its] analysis, is at- tempting to justify the status quo." While the practice of giving backbench MPs government jobs did not start under the present administration, Hyzler said his job in raising standards means doing away with unde- sirable practices regardless of whether or not they may be long-established. "It remains my firm belief that the engagement of back- benchers by the government is one of the practices that should be done away with. The Venice Commission expressed the same view when it said that 'the possibilities of backbench- ers controlling Government are seriously reduced if MPs have a financial incentive to seek offices at the disposal of the administration they are supposed to control'… "In my report I suggested that the underlying reason for the practice of appointing all back- bench MPs to executive roles is to appease them for their non-appointment as ministers or parliamentary secretaries or compensate them for their low salary. I could see no other reason, except possibly a desire by the government to tighten its control over the backbench and hence over Parliament it- self, but this would at best be speculation on my part. "On the other hand no one has made the argument that the appointment of MPs to such positions is indeed neces- sary or desirable for the better governance of the country or the strengthening of our demo- cratic structures. In fact, in my view it is neither necessary nor desirable. Quite the contrary." Hyzler said it was important to achieve a balance between the three organs upon which Maltese democracy was built in order to maintain the rule of law. "Parliament should be jeal- ous of its constitutional role and resist all practices that undermine its independence. It should, in my view, consider the conclusions of my report as an opportunity to strengthen democracy and the institutions of government of our coun- try and take action to end the practice of giving backbench MPs government jobs. "One way of doing so would be to amend the Constitution so as to tighten the rules on conflicts of interests by MPs, as recommended by the Venice Commission." Hyzler has also submitted his proposals to the President of the Republic for a forthcoming convention on constitutional renewal. 'Government wants to justify status quo on MPs being made persons of trust' Parliamentary commissioner for standards in public life, George Hyzler