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MT 3 November 2013

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8 News maltatoday, SUNDAY, 3 NOVEMBER 2013 Golden passport turns int FROM PAGE 1 Government accuses PN of harbouring conflict over legal services to rival bidder seeking cancellation of lucractive IIP concession • Opposition wants citizenship to be backed by property acquisition and residence MIRIAM DALLI HOME Affairs Minister Manuel Mallia has attacked the Nationalist Opposition's stand on the citizenship-by-investment scheme, claiming the party's position has vacillated between a principled stand to one of disagreement over the specifics of the Individual Investor Programme. "We've heard various interpretations," Mallia said, flanked by parliamentary secretary for justice Owen Bonnici, and parliamentary secretary for the economy Edward Zammit Lewis yesterday. The PN yesterday said it would repeal passports issued under the IIP, if it is returned to power. But Prime Minister Joseph Muscat has already promoted the programme in London to sell Maltese citizenship at €650,000 – he claims the scheme could reap €30 million in revenues that will be ring-fenced into a 'national development fund'. Mallia yesterday said the revenue from the IIP, by attracting wealthy applicants seeking an EU passport, would have a multiplier effect on the economy through additional investment, the purchase of property, and the creation of jobs. "The Opposition is scaremongering in the same manner as it did during the elections. But seven months in, this government has proved it wrong. The PN has learned nothing from the negativity it displayed in the last elections," Mallia said. He accused the opposition of wanting to delay the IIP. "We are not steamrolling this issue over anybody: how can the opposition be in principle against the IIP and at the same time demanding that it discusses amendments." Mallia also pointed out that Nationalist MP Francis Zammit Dimech's legal firm had represented Home Affairs Minister Manuel Mallia (centre): "The Opposition is scaremongering in the same manner as it did during the elections. But seven months in, this government has proved it wrong. The PN has learned nothing from the negativity it displayed in the last elections" citizenship firm Arton Capital, in its appeal on the home affairs ministry's decision to award Henley & Partners an exclusive concession to promote the IIP. "Would the PN have been positive about the IIP had this company won the ten- der?" Mallia asked. Arton Capital is now seeking a court decision to annul the concession, and it is being represented in court by Nationalist candidate for the European elections Therese Commodini Cachia. The home affairs ministry has called this a "possible conflict of interest as both the Opposition and the company [Arton] have the same agenda". "The Opposition is harming the country's reputation by scaring off potential investors. I urge it to stop doing so," Mallia said yesterday. On his part, Parliamentary Secretary for Justice Owen Bonnici said that concessionaries Henley will be paid a commission equivalent to 4% of the applicants' fees, and not €140,000 as alleged by Nationalist MP Jason Azzopardi. 90% of the 'donation' towards the IIP will be poured into a national fund. In the meantime, Arton Capital is contesting the concession tender in court through the legal counsel of Nationalist candidate Therese Commodini Cachia. "Having two PN members representing this company leads me to wonder whether the PN has members who favour the IIP, and whether it would have had no problem with the scheme had Arton won the concession," Bonnici said. Bonnici also insisted that Opposition leader Simon Busuttil's intention to repeal any passport issued under the IIP, if returned to power, was unconstitutional. "I would understand a position in which he says he would stop the IIP. But repealing citizenship? It's worrying that someone aspiring to be prime minister declares that he will just withdraw citizenship at the stroke of the pen." Political opposition to IIP Joseph Muscat's plan to sell citizenship for €650,000 has become politically charged after the opposition indicated it will repeal all passports issued under the new scheme. The Nationalist Party is insisting that its intention to repeal citizenships acquired through naturalisation under the Individual Investor Programm, if returned to power, is constitutional and according to law. But the Attorney General this week told MaltaToday that repealing citizenship, unless according to the Citizenship Act's provisos, was unconstitutional. The Attorney General said no minister can repeal citizenship acquired by naturalisation, unless "specific acts" are committed by the naturalised citizen. "Deprivation of citizenship acquired by naturalisation is provided for by law on the basis of specific acts attributable to the naturalised citizen and is subject to procedural safeguards in each individual case. The wholesale deprivation of citizenship of a particular class of naturalised citizens irrespective of their conduct is not possible under our Constitutional and legal system," Peter Grech said. The Citizenship Act allows a minister to deprive citizenship if naturalisation is obtained by means of fraud, false representation or the concealment of material fact. Ministers can also deprive citizenship to: those who show themselves to be "disloyal or disaffected" towards the President or the government of Malta; engage in

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