Issue link: https://maltatoday.uberflip.com/i/1469874
13 NEWS maltatoday | SUNDAY • 5 JUNE 2022 The Group of States against Cor- ruption is the Council of Eu- rope's anti-corruption monitor- ing body with its headquarters in Strasbourg, was established in 1999, as an enlarged partial agreement by 17 Council of Eu- rope member States. GRECO, which is also open to non-European States, currently has 50 members (49 European States and the United States of America). Since August 2010, all Council of Europe members have been members of GRECO. Membership in GRECO is not limited to Coun- cil of Europe member States, any state which took part in the elaboration of the enlarged partial agreement, may join by notifying the Secretary General of the Council of Europe. More- over, any State which becomes party to the Council of Europe's Criminal or Civil Law Conven- tions on Corruption automati- cally accedes to GRECO and its evaluation procedures. GRECO launched on 20 March 2017 its Fifth Evaluation Round which focuses on "Preventing corruption and promoting in- tegrity in central governments (top executive functions) and law enforcement agencies". In this round GRECO will monitor the measures that states have in place to prevent and combat corruption in functions such as those of heads of State, heads of central government, ministers, as well as other political appoin- tees who exercise top executive functions such as deputy min- isters, State Secretaries, heads and members of a minister's pri- vate office and senior political officials. With regard to these functions, GRECO will look into issues such as conflicts of in- terest, revolving doors, declara- tion of assets and accountability mechanisms. The Fouth Round covered cor- ruption prevention in respect of MPs, Judges and prosecutors, covering ethical principles, rules of conduct and conflicts of inter- est; prohibition or restriction of certain activities; declaration of assets, income, liabilities and interests; enforcement of the applicable rules; awareness. terest in the public sector. Moreover plans to establish an Integrity Unit to support public office-holders in solving ethical dilemmas have not materialised. Progress in regulating 'Revolving doors' GRECO welcomed new provisions ad- dressing the issue of "revolving doors", notably the new Public Administration Act that prohibits employment in the private sector of public employees hold- ing posts, which involve regulatory or inspection functions for a period of up to two years from termination of public employment. This prohibition applies to employment with any private enti- ty dealt with during the period of five years preceding termination of public employment. The breach of this prohi- bition carries a civil contractual penalty equivalent to three years' salary. But according to GRECO the effec- tiveness of this supervision can only be evaluated once the system has been op- erational for some time. The report also refers to new safe- guards, triggered by the move of a prose- cutor from the Attorney General's Office to the defence team of Yorgen Fenech, the primary suspect in the assassination of the investigative journalist Daphne Caruana Galizia. In this way prosecutors are prohibited from entering any nego- tiations with a prospective private client and in any preparations to act on behalf of any private client, prior to tendering their resignation. Policing the Police The report welcomes the new frame- work for reporting wrongdoings within the Police Force, even when this is done anonymously. But GRECO expressed disappointment that the provisions of the Protection of Whistleblowers Act do not apply to police officers. While the reporting possibilities have improved, while the protection measures (for ex- ample, retaliation against police officers) remain insufficient. Police currently have can report al- leged violations of integrity rules and corruption either by reporting directly to their superiors, through confidential reporting to the Integrity Officer, or by reporting anonymously via the Break the Silence section of the Police Force's in- tranet system. Anonymously submitted reports are to be followed up within 48 hours. Information submitted by the Maltese authorities reveals that 11 reports have been received so far through confidential reporting, but none have been submitted openly to a superior or through the sys- tem created for anonymous reports. Of these, six cases have been acted upon and in one of them disciplinary action has been taken. In another five cases ad- ditional information is being gathered. The report welcomes the new Police Code of Ethics, which bans officers from holding a business interest or engage in side work, which may conflict with their police responsibilities. But GRECO de- scribed the range of allowable activities, which a police officer can partake in as "rather broad" and thus fails to meet its demand for "more explicit and strict cri- teria", Activities which are deemed compat- ible with police work include working in a retail outlet; working in a garage; working for a construction company or electrical contractor; working for a catering company; working at a garden centre; working as a real estate agent; letting an accommodation providing that the letting is not to a subordinate or superior; writing books or articles not related to policing activities and even directorship of a company, unless the company is involved in incompatible business activities. On the other hand the list of precluded activities includes holding a licence to run wines and spirit shops, including within political party, football and band clubs, or betting out- lets; working in licensed premises where there would be a conflict of interest with policing duties; legal practice, private in- vestigations and any activity that mirrors police responsibilities like private secu- rity. Other positive steps include the new procedure for the appointment of the Police Commissioner, new provisions regarding guidance on gifts and the role of the newly introduced Integrity Officer in the police force. What is GRECO? Above: revolving doors rules in Malta have been implemented but the effectiveness of this supervision can only be evaluated once the system has been operational for some time. Prime Minister Robert Abela promised a slew of reforms that would adjust Malta's international standing after winning re-election in 2022. The GRECO recommendations, just like those of the Council of Europe's Venice Commission, remain important analyses of the state of governance and democracy in Malta