Issue link: https://maltatoday.uberflip.com/i/1287818
14 maltatoday | SUNDAY • 13 SEPTEMBER 2020 NEWS JAMES DEBONO JUSTICE Minister Edward Zammit Lewis has reportedly exchanged 700 WhatsApp messages between January and October 2019 with Yorgen Fenech, a major player in the energy sector who by November 2018 had already been exposed as the owner of the nefarious, secret company 17 Black, a company identified as the target client for Keith Schembri's Panama company. November 2018 was a cut-off period for politi- cians who enjoyed the patronage or attention of Fenech, one of Malta's richest businessmen who now stands accused of masterminding the assas- sination of journalist Daphne Caruana Galizia. Zammit Lewis, who was appointed EU Affairs Minister in July 2019 after failing to make it to the Cabinet after the 2017 election, insists that that he had cut off contact with Fenech "well before" he had been arrested for the murder of Caruana Galizia. But was an ethical line crossed by the sheer familiarity between a Cabinet mem- ber and a leading economic player already sus- pected of shady dealings due to his offshore in- vestments? The degrees of familiarity The use of private email and messages through applications like WhatsApp between ministers is currently unregulated by the present code of ethics for ministers and MPs. But a code of ethics proposed by standards commissioner George Hyzler does address the ethical problems posed by unofficial communi- cation between ministers and lobbyists, even if this is limited to "official business" and "relevant matters" – which leaves friendly chats between people in power and leading businesspersons a grey area. Still, if the alleged WhatsApp conversations took place after it emerged that Yorgen Fenech was the owner of 17 Black, the communication is overruled by a generic clause in the proposed code of ethics, namely that "ministers are re- quired to avoid associating with individuals who could place them under any obligation or inap- propriate influence". Moreover, the code suggests that even if the conversation is inconsequential, they should only meet "persons with an interest in obtaining permits, authorisations and other benefits from the state" in an official setting and "in the pres- ence of officials". In this case, Yorgen Fenech was clearly a major actor both in the property, tourism and energy markets with a direct inter- est in government policies regulating both sec- tors. But Zammit Lewis has already made it clear that he had never had any legal or commercial relationship with Fenech, or any other form of relationship through which he may have bene- fitted in any way. Grooming politicians? While "relevant" and "official" matters may not have been discussed in WhatsApp exchang- es, private communication on personal matters may to be seen as an attempt by a leading busi- nessperson to groom and wield influence on a high-ranking Cabinet member. One of the tricky aspects of the proposed code of ethics is the ban on "unofficial email ac- Heyyyy Minister! The ethics of WhatsApp chats Cabinet ministers have used WhatsApp for both official, and unofficial private chats with Tumas magnate Yorgen Fenech after it emerged he was the owner of the 'Panama' associate company 17 Black. What ethical lines were crossed? While "relevant" and "official" matters may not have been discussed in WhatsApp exchanges, private communication may be seen as an attempt by a businessperson to groom and wield influence on a high-ranking Cabinet member