Advocates question Speaker's ruling

The Chamber of Advocates has taken the Speaker of the House of Representatives to task over a ruling in Parliament last week.

The Speaker, Anton Tabone, had turned down a breach of privilege complaint raised by Labour MP Joe Mizzi against lawyer Ian Spiteri Bailey and a client of his, Alice Peplow.

The MP had complained that a letter he had received from Dr Spiteri Bailey and Ms Peplow in reaction to a speech he made in Parliament was threatening. The Speaker rejected Mr Mizzi's complaint because it had not been made at the first available opportunity. The Speaker added, however, that the letter should never have been sent, more so when the author was a lawyer. This was because the law was unequivocal in that MPs could express themselves openly in the House without being in any way hindered, threatened or censured.

When raising the breach of privilege complaint against Ms Peplow and her lawyer, Mr Mizzi said the issue was over licences granted by the Malta Maritime Authority.

Dr Spiteri Bailey had written saying Mr Mizzi had made allegations, insinuations and statements that were incorrect and detrimental to Ms Peplow.

Dr Spiteri Bailey had also urged Mr Mizzi to exercise his parliamentary privilege prudently and, if he wished to persist in his allegations, he should repeat them outside the House so that Ms Peplow could seek protection according to law.

Mr Mizzi argued he had not made insinuations and that he was responsible in his comments under the privilege of the House. The letter was an attempt to intimidate and prevent him from performing his parliamentary duties, he said.

The Chamber of Advocates said the ruling meant that ordinary citizens could not address an MP over any issue where an MP would have mentioned them by name, even when they try to do so through their lawyer. "With all due respect, when a member of Parliament is invited to divest himself of parliamentary privilege, so that one may be challenged in a court of law, one is not being hindered and threatened.

"MPs have their privileges to be able to carry out their duties as part of the democratic process. But this should not lead to a situation where whatever is said in Parliament is given the seal of infallibility," the Chamber of Advocates said.

The ruling should be more consonant with the times. Citizens have every right to turn to a lawyer to defend their reputation.

Contacted for his reaction, the Speaker said his office forbade him from commenting to the media.