Issue link: https://maltatoday.uberflip.com/i/1442202
8 NEWS maltatoday | WEDNESDAY • 12 JANUARY 2022 10 takeaways from PN's anti-corruption No more permits and tenders during the electoral campaign One of the laws proposed by the PN precludes government from awarding tenders, issuing per- mits, publishing legal notices and dishing promotions during the electoral campaign thus limiting the power of incumbency. In the absence of fixed-term legislatures, government powers will only be limited as soon as the campaign kicks for a period of five weeks to a maximum of three months. A MaltaToday probe had re- vealed a spike in the award of planning permits before the 2008 and 2017 general elections. The probe revealed an average of 38 permits a day were issued during the 2017 general election cam- paign compared to just five during the 2013 campaign, and 24 in the 2008 general election campaign. A total of 1,247 planning permits were issued during the electoral campaign 2017 compared to 789 in 2008 and 321 in 2013. The use of private email and electronic communication including WhatsApp by public of- ficials on matters, which result in private gain, will be punishable by 6 to 2 years in prison If the PN proposal becomes law, public officials will still be able to converse with relatives and friends using a private email or WhatsApp. They will even be able to use their gmail or WhatsApp account to talk to anyone else on most matters. What will become illegal is the use of personal email and other electronic messaging systems for the pursuit of mon- etary advantage or profit or in a way, which results in financial losses for the country. An example of questionable use of personal email which would fall under the parameters of the law was the use of Joseph Mus- cat's personal email in negotia- tions resulting in the termination of a 65-year lease to Café Premier against a €4.2 million compensa- tion. In the aftermath of the Ca- fe Premier scandal in February 2015, the NAO raised concerns over then-Prime Minister Joseph Muscat using his personal email, joseph@josephmuscat.com for government business. But since the law is not retro- active and is introducing a new crime, which does not presently exist, this will only apply to future cases. Anyone who is part of a ma- fia-style association involving three or more persons, which involves secrecy and intimida- tion, will be punishable by up to 15 years in prison, which can increase to 20 years in cases where the organization is armed As proposed the law defines "mafia-like" association as one in which members "exercise the power to intimidate" through "membership ties", and in which members foster a "culture of se- crecy" with the aim of controlling economic activities, obtaining contracts, tenders, profit and any advantage for themselves or oth- ers. Significantly this also includes illicit attempts to obtain votes for mafia members or others they fa- vour as the mafia does in Italy. As worded the law does not criminal- ise friendships between powerful people but gives the state power to clamp down on associations in which members conspire to se- cure illegal advantages for them- selves and others. In this way the law would act as a safeguard against state capture and would apply to cases like the murder of Daphne Caruana Galizia in which a number of criminals conspired to kill the journalist. Significantly members of ma- fia-like organisations who are not found guilty of committing any other offence will still be liable to prosecution if they are suspected of just being 'members' of a ma- fia-like association. The abuse of public office not just for personal benefit or that of others but also in waste of public money will be punishable by one to 5 years in prison Following the Italian and French models, the law criminalises the abuse of public office both in cas- es where the officer seeks to ob- tain "unjust monetary advantage" for themselves or others but also when they "abuse of the trust" placed upon them by negligence in a way, which involves loss to the public. Moreover public officers, in- cluding civil servants, will be in breach of the law whenever they fail to abstain whenever they have a conflict of interest involving both themselves and relatives. The term relative in this case includes grandparents, parents, spouses, civil partners and even cousins. While failure to declare a conflict of interest is punishable by one to two years in prison, malicious- ly obtaining monetary advantage and failure to safeguard the public coffers are punishable by prison terms of between two and five years Various cases of alleged conflict of interests involving officials who failed to declare a conflict of inter- est either because of personal gain or the proximity of close relatives to developers, have surfaced in the past years particularly in the plan- ning sector. Obstructing justice by offering or promising money or any other 'profit' to any person called upon to give evidence or expert opinion in court will be punishable by two to seven years in prison. Promising witnesses and court experts rewards with the intent of derailing justice will become a criminal offence As proposed the law distinguish- es between cases where the offer or promise is made but not ac- cepted which result a penalty of a maximum of five years and cases where the offer or promises are accepted which result in a maxi- mum penalty of seven years. If approved the law will fill a vacuum exposed in the Daphne Caruana Galizia murder probe in which key figures like Keith Schembri have yet not been ques- tioned on suspicions that they may have derailed investigations. Yet since the law will not apply retroactively police will still have to rely on existing legislation to prosecute officials who may have derailed these investigations. These include laws against the fabrication or destruction of ev- idence and against the sharing of official secrets. Civil servants who fail to perform official duties, which have a bearing on public security and order, would risk between six months and two years in jail As proposed the law drafted by the PN will criminalize public of- ficials who "unreasonably" refuse to perform their duties, which for "reasons of justice, public secu- rity and order" should be carried without delay. The law sets a 30- day time frame for public officials to carry out their official duties whenever they are "notified" in writing by anyone with an "inter- est" in the case. But any official who provides a "reasonable" jus- tification for the delay will not by guilty of such an infringement. Over the past years, particularly after the publication of the Pana- ma papers, various public officials including police commissioner Lawrence Cutajar, have been ac- cused of not fulfilling their duty to investigate money laundering and other serious crimes. Corrupt practices including those committed by ministers, persons of trust and local councilors will be investigated by an inquiring What would become illegal if the PN's anti-corruption package enters into law and what will concretely change for those accused of corruption and abuse of power? asks James Debono