Issue link: https://maltatoday.uberflip.com/i/1380662
12 maltatoday | SUNDAY • 6 JUNE 2021 NEWS MPs keep lobbying and gifts rules in limbo Game-changing code of ethics still awaiting 'recommendation' from Parliament's standing committee for standards in public life before getting parliamentary approval JAMES DEBONO A draft code of ethics proposed by standards czar George Hyzler in Ju- ly 2020 is still awaiting the verdict of Parliament's Standing Committee for Standards in Public Life, which is chaired by the Speaker and composed of two MPs from both sides. The code – which will ban secret gifts, changes the way MPs and ministers conduct their affairs even when lunch- ing with businessmen and talking pro- jects, as well as what is said in emails and WhatsApp texts – will be enacted by legal notice but only after the stand- ards committee MPs gets the affirma- tive from the House of Representatives. This means that the first stage for revising the code of ethics is for the standards committee to agree to the proposed changes. But the committee has so far only briefly discussed the draft code, in a 17 August 2020 meeting where MPs agreed they will consult their respective parliamentary groups before discussing in further detail. Standards Commissioner George Hy- zler has so far told MaltaToday that he is not privy to further developments "if any" on his code of ethics. "It is up to the committee to make a recommenda- tion to the Minister for Justice for the adoption of the revised draft codes of ethics and to seek a resolution from the House in support of its recommenda- tion, as required by the Act." But the law does not specify any time- frame for this process. "On my part I addressed my recommendation to the Committee with a view to starting this process," Hyzler said. Non-political enforcement system needed A compliance report issued earlier this week by the Council of Europe's anti-corruption watch- dog GRECO states that the process possibly leading to the adoption of the Code of Ethics, still requires ap- propriate supervision and enforcement of rules on declarations of assets, inter- ests and outside activities through "effective, propor- tionate and dissuasive sanc- tions". It will also need a confidential counselling for MPs over ethical questions, conflicts of interest and fi- nancial declarations. Asked whether the code of ethics should be enforced by dissuasive sanctions as rec- ommended by GRECO, Hy- zler replied that this would require the introduction of an independent system of enforcement. Currently Hyzler's final re- ports get to be first read and discussed by the Standards Committee, which is made up of two government MPs and two opposition MPs and is chaired by the Speaker. He describes the committee as a "system of self-regulation by MPs". But the introduction of more effective sanctions would require this system to be replaced with "an impartial and non-political mechanism of enforce- ment, on the lines of the judiciary" which would "amount to a major depar- ture from current practice". Moreover, if any new system of sanctions were to include the possibility of unseating an MP, for serious and repeated ethical transgressions, it would also require constitutional change. Hyzler had pre- sented proposals to this end, among others, in a report on constitutional re- form, which was published in October 2019. But even in the absence of a sanction- ing system, Hyzler considers the cur- rent set-up as a "force for the raising of standards in our country". "In our highly charged political en- vironment, it is very rare for people in public life to admit they were wrong or to apologise for their actions. In this context, a simple finding that a person has acted unethically sends a powerful message. I believe this has been borne out by experience." Given that the parliamentary commit- tee has not yet considered the revised draft codes, Hyzler has proposed that experts should review the draft as part of an EU-funded project already ap- proved by the European Commission. The aim of the project, which is ex- pected to start this summer, is to re- view the integrity and transparency framework in Malta. "Any changes that are proposed by the experts can be in- corporated in the codes along with any other changes that are proposed by the Standards Committee or by MPs in each party's parliamentary group," Hy- zler said. THE new rules, presented in separate code of ethics for MPs and ministers, make it obligatory for politicians to record any meeting with lobbyists in which public policies and changes to the law are discussed. This also applies to communication with regards to financial support and any agreement involving public funds or concessions of public land or other resources. The transparency register, which will be freely accessible to the public, will include the names of all those at- tending these meetings and the date and location of such meeting and also any decisions taken, or commitments made through the communication. Minutes will also be kept of these meetings. The obligation to register is not limited to formal meetings but also covers communication by email and WhatsApp. The draft code of ethics for Ministers also precludes unofficial meetings like informal lunch meetings: "Meetings with persons who have an interest in obtaining permits, authorizations, concessions or other benefits from the state should be held in an official setting in the presence of officials". One major radical change envisaged in the new code of ethics is that for the first three years following their resignation or termination, ministers will be precluded from "having a re- lationship of profit with any private enterprise or non-government body with which they would have dealt while serving as ministers." The draft code of ethics not only precludes any gifts, which place min- isters and MPs "under an obligation", but also proposing a transparent sys- tem through which other legitimate gifts are registered. According to the proposed code, MPs will have to register gifts with a value of over €250, which they receive from donors in Malta and abroad. They must also register multiple ben- efits from the same source if taken to- gether these have a value of more than €250 in a period of twelve months. They also have to register any gifts of the same value, which they bestow to others. How code of ethics will change political life The parliamentary committee for standards in public life is chaired by Speaker Anglu Farrugia, and composed of, respectively, justice and home affairs ministers Edward Zammit Lewis and Byron Camilleri, and Nationalist MPs Carm Mifsud Bonnici and (not pictured here) Karol Aquilina Commissioner for Standards in Public Life, George Hyzler