Issue link: https://maltatoday.uberflip.com/i/621909
maltatoday, SUNDAY, 3 JANUARY 2016 6 News 2016 Looking ahead JAMES DEBONO 2016 offers Prime Minister Joseph Muscat an op- portunity at re- demption through institutional reforms aimed at strengthen- ing the independent institutions. It represents the last chance to focus on these reforms before electoral fever grips the country again in the last months of the ad- ministration. But Muscat may well have to balance this national need for better govern- ance with the self preservation guaranteed by a tried and tested self serving system of political patronage which can well secure him valuable votes and financial support in the next election. A tarnished record So far Muscat's contribution to good gov- ernance has translated in the approval of long overdue bills regulating party financing (which according to the Council of Europe anti-corruption watchdog - GRECO - is positive but is still not watertight) and a bill giving protection to whistleblowers which has so far been used to arraign the husband of former Gozo Minister Giovanna Debono. One may say that in these two aspects Mus- cat has already done what the PN failed to do in 25 years. But the appointment of persons of trust across the board in the country's adminis- tration, in a way which defies the Taghna lkoll promise, the appointment of Labour MPs on government boards in a way which makes them dependent on the Prime Min- ister's generosity, thus undermining their independence, a slackening of the planning regime which has seen the approval of a number of dubious permits, including one for parliamentary secretary Ian Borg in Ra- bat, chastised by the planning ombudsman, and controversial land expropriation deals, have severely dented Muscat's credentials in good governance. 2015 proved to be an annus horribilis for Muscat when it comes to good governance. In February 2015 the Auditor General found insufficient justification for the govern- ment's decision not to pursue legal action in a bid to rescind the lease on Café Premier in Valletta, through a €4.2 million payment to buy back the 65-year lease on the cafeteria revealed by MaltaToday a year before. In March the Auditor General also ques- tioned a "ministerial direction" in a hedg- ing agreement with SOCAR. In June the government's good governance credentials received another blow in view of the €1.65 million expropriation of half a property in Old Mint Street, Valletta, from Mark Gaf- farena in two separate contracts earlier in 2015. The year ended with parliament being rushed to approve the land transfer to the Sadeen group before the Christmas recess in the absence of any tendering procedure, and after the government acknowledged that the American University of Malta would not be recognised as a university but as a "high education" institution. Muscat's lack of sensitivity to good gov- ernance was epitomised by revelations that his wife was taking the role of mediator in disciplinary actions in the army. All in all this suggests that Muscat believes that he personifies the state and has very little moti- vation to limit his power. Moreover, in some instances like plan- ning, where the power of the minister has been increased at the expense of technical experts, Muscat's reforms have stood out as a reversal of more stringent and transparent procedures introduced by past PN govern- ments, especially after 2008. Muscat's political football Muscat's fall-back was a series of equally devastating scandals involving former Na- tionalist ministers Giovanna Debono and Joe Cassar. But with Opposition leader Si- mon Busuttil cleaning his own act by making both politicians resign and presenting pro- posals aimed at improving transparency and improving good governance, Muscat may well have lost the initiative. Labour may be counting on further blows to the opposition based on revelations on past scandals kept in store for the next electoral campaign, but this cynical use of scandals as ammunition, may further dent public trust in the entire political system. Muscat could not even question the va- lidity of proposals which, if implemented, would stop him from appointing his MPs on government boards and dent his drive to further centralise power in Castille. Instead he tried to throw back the ball in Busuttil's court by harping on the PN's refusal to par- ticipate in a commission set up to discuss constitutional reform led by former PN rebel Franco Debono, whose vote determined the fall of Gonzi's government. In this sense Debono serves as an alibi for Muscat, an ex- cuse to postpone reforms. Apart from the PN's objection to Debono, Muscat deliberately misses the point that most of the proposals made by Busuttil do not require constitutional reform and sim- ply translate into normal administrative practices, such as by not appointing MPs to government boards, as Muscat has system- atically done in the past years. Moreover it will be increasingly difficult for Muscat to refuse Busuttil's offer of hav- ing discussions on constitutional reform chaired by President Marie Louise Coleiro Preca, a popular former Labour politician appointed by Muscat with the unprecedent- ed support of the opposition. A second republic? Muscat may even use constitutional re- form as an opportunity to present himself as an agent of change in the future while wield- ing the reigns of power accorded to him by the present system until the next election. Still 2018 may be too early for Muscat to introduce limits on his power. In fact he may well feel that it is unfair for the PN to limit his power after failing to limit theirs in 25 years of government. For Muscat's declared aim is that of win- ning two consecutive elections and thus go down in history as a winner who was never defeated by a PN leader. He may well pre- fer to dedicate a second term to the "second republic" project, which would only take shape after he secures a second victory for his party by cynically benefitting from the same power of incumbency his party vehe- mently condemned when in opposition. Moreover it is unclear what Muscat's pro- posals for a second republic are – will he be proposing reforms securing more checks and balances limiting the power of govern- ments, or will he seek to enhance such pow- ers by institutionalising a presidential sys- tem of government? Gaffarena as an opportunity It is the Gaffarena case which may offer Muscat an opportunity of temporary re- demption. Muscat has already shown his political mettle by sacking Manuel Mallia, who would not resign after his driver was involved in a shoot out. He may well do the same with Michael Falzon. Yet the auditor's report into the deal in- volving Falzon may present Muscat with a problem. For if the report simply confirms what we already know, that government property was over-valued to Gaffarena's ad- vantage, Muscat will have to invoke "politi- cal responsibility" as the reason for making Falzon resign. While such a course of action is most wel- come from an institutional point of view, it may set a precedent, which would apply to other ministers and my re-ignite internal divisions in the party of which Falzon was once deputy leader and a leadership con- tender. An aggrieved Falzon may well present a problem for Muscat, especially if Muscat fails to use the same yardstick against other cabinet members accused of overlooking abuses on their watch. Moreover it was Muscat himself who handpicked Falzon as the junior minister in the Office of the Prime Minister responsible for two hot potatoes: MEPA and the lands department, two strategic departments where the interests of big business and po- litical parties often coincide. In some ways maltatoday, SUNDAY, 3 JANUARY 2016 Elected on a platform of meritocracy and transparency, Joseph Muscat has come under increasing pressure to clean up his act after a year in which his administration's good governance credentials have been badly dented Muscat's declared aim is that of winning two consecutive elections and go down in history as a winner who was never defeated by a PN leader. He may well prefer to dedicate a second term to the "second republic" project Muscat's last chance to clean up his act