Issue link: https://maltatoday.uberflip.com/i/1297549
12 maltatoday | SUNDAY • 11 OCTOBER 2020 OPINION Good governance is a mentality shift MALTA has achieved unprec- edented economic growth in recent years. We have come this far because we are an en- terprising and hardworking na- tion that has sought to create opportunities operating under the umbrella of governments that have fostered a climate conducive to progress taking place. Our country has also been a standard-bearer in other areas: the past two Labour admin- istrations made civil rights a priority, introducing legisla- tion that gives equal status to minority groups, in practice as well as on paper, and we have been proactive in promoting female participation in key ar- eas. We also ushered in a new press law which abolished criminal libel. These issues had all been left on the backburner despite Mal- ta becoming an EU member back in 2004. Until recently, constitutional and institution- al reforms had also been post- poned or better ignored by suc- cessive administrations. The Robert Abela adminis- tration focused on a number of important reforms aimed at improving transparency, accountability, strengthening the rule of law and good gov- ernance. We also successfully conducted the process for the appointment of a new Attorney General, under a new and more transparent procedure estab- lished in 2019. In the last eight months we accelerated this reform process as he made strengthening good governance his mantra; going as far as appointing a Cabinet Committee – which I head – to propose, implement and re- view everything that needs to be done to ensure Malta enjoys the confidence of its people and a reputation among our in- ternational partners for doing things the right way and in a transparent manner. We have given executive pow- ers previously under the remit of the Prime Minister to the President of Malta, who will now be selected by a two-thirds majority in Parliament. Our Head of State will also appoint the Chair of the Permanent Commission Against Corrup- tion – following a two-thirds majority vote in Parliament. This officer will automatically hand over any findings of cor- ruption to the newly created post of State Prosecutor (At- torney General). The manner in which judicial appointments are made has al- so changed. Judges and magis- trates will now be selected by newly-set-up Judicial Appoint- ments Committee which will propose three names for each vacancy to the Head of State, while future chief justices will be appointed following a two- thirds majority vote in Parlia- ment. Other officers of State will also enjoy more authority and independence. The terms of appointment and dismissal of the Ombudsman will be in- cluded in the Constitution and all matters raised by this office must be debated by Parliament in a specific plenary session. Meanwhile, members of inde- pendent commissions and ad- ditional positions are to be ap- pointed by Cabinet – no longer directly by the Prime Minister – and the appointment of the Data Protection Commissioner will take place only after con- sultation with the Leader of the Opposition. The manner in which 'persons of trust' are made has also been changed to ensure more transparency. We are also making impor- tant legislative changes to tack- le the global problem of organ- ised crime, which is estimated to make more than €2 billion per year in Europe alone. We have just debated in the House how our Asset Recovery Bureau (ARB) will for the first time be given powers to con- fiscate assets acquired through criminal means without the need to secure a criminal con- viction beforehand. This is a significant breakthrough, since to date our authorities have only been able seize and preserve an asset after instituting a criminal case, and successfully obtaining a criminal conviction. We are also arming ourselves better to fight money launder- ing: by placing the burden of proof on defendants to produce evidence that their assets were legitimately acquired, giving authorities broader powers to seize these assets, and lowering the standard of proof required once these cases come to the Courts of Justice. This will serve as a deterrent and result in more convictions for poten- tial offenders. As of recently, our commitment has also be shown vis-a-vis the Asset Re- covery Bureau which has been vested with additional powers as well as resources. It has been given the power to confiscate assets prior to convinction based on non-conviction based processes. In brief, the resourc- es provided include financial resources, resources in staff and technical people. Including an investement of €62.4 million in a warehourse and buildings from which the assets can be managed and sold by auction. I believe, that good govern- ance is a must in a healthy economy. However good leg- islation must be accompanied with a mentality shift, which us politicians must be at the fore- front of. We must all do our bit to ensure that good govenance princriples are upheld in all sectors of our life and econo- my and that Malta's reputation is upheld to the highest stand- ards, as this will undoubtedly lead to more investment, more employement opportunities, and ultimately more ecomic success for our country! Edward Zammit Lewis Edward Zammit Lewis Is Minister for Justice, Equality, and Governance