The European Parliament and the EU Ombudsman are at loggerheads on the issue of whether details of the financial remuneration given to the office of the five Maltese MEPs should be made public.
The five Maltese MEPs have declared they are ready to comply with any request made by the European Parliament.
The issue goes back to August 2005 when a Maltese journalist (working for MaltaToday) was denied access by the European Parliament administration on data detailing payments to the five Maltese MEPs.
The request was rejected on grounds of data protection and the journalist lodged a complaint with the European Ombudsman.
The EU Ombudsman consulted the European Data Protection Supervisor (EDPS) on the issue who advised that, while MEPs are entitled to protection of their privacy, the basic consideration in a transparent and democratic society must be that the public has a right to be informed about their behaviour, especially in relation to the expenditure of public funds. The EDPS considered it obvious that the data must be disclosed. Taking into account the observations of the EDPS, the Ombudsman on Wednesday asked the European Parliament to grant access to the requested data, while deleting the names of the MEPs' assistants.
"This case is important because it highlights the need to carefully balance the right to privacy with the public interest in openness when deciding whether the public has a right to access information of this kind. MEPs have to be aware of the public interest in their use of public funds. That is why I have decided to explain my findings publicly at this stage of the inquiry," EU Ombudsman Nikiforos Diamandouros said.
He invited the European Parliament to submit a detailed opinion by the end of December.
Reacting to the Ombudsman's observations, a spokesman for the European Parliament told The Times yesterday that the institution's administration will now reconsider the decision in one of the forthcoming meetings on the basis of the Ombudsman's considerations and the advice given by Parliament's legal service.
"But the European Parliament is not obliged to follow the Ombudsman's interpretation of the relevant dispositions," the spokesman said.
The Times had already asked for this information but was denied access.
The five Maltese MEPs reacted coolly to the recommendation of the EU Ombudsman.
Labour MEPs John Attard Montalto, Louis Grech and Joseph Muscat said in a joint-statement sent to The Times that given that the request for access to information was made directly to the European Parliament and the Ombudsman, and given that the two institutions have divergent views on the subject, this has now become an inter-institutional issue between the two bodies affecting all members and officials of all the EU institutions.
"Neither have we at any point raised the said issue with the European Parliament and Ombudsman, nor have these institutions approached us to request our views on the subject.
"However, we assume that there will be further developments regarding this matter which will provide us with the appropriate fora to express our views and opinions," they said.
The three Labour MEPs added that they will support any measures taken to further ensure accountability in the whole process.
"It must be made clear that we are presently fully compliant with all European Parliament rules and regulations," they said.
Nationalist MEPs Simon Busuttil and David Casa reacted in the same manner.
They told The Times they already disclose all required information in line with the applicable rules of the European Parliament, including the rules governing the secretarial allowances and the reimbursement of travel expenses.
"Moreover, since the said Draft Recommendation (of the Ombudsman) is addressed to the European Parliament and refers to rules that apply to all members of the European Parliament, we shall, of course, follow the detailed opinion of the European Parliament on the matter and be guided accordingly."
According to the current European Parliament statute, MEPs get the same salary as that paid to local MPs.
Additionally, their financial package includes other allowances including travel allowances of €971 every time they attend parliamentary business in Brussels and Strasbourg, a daily allowance of €268 for every day they attend meetings and an allocation of €14,865 per month for the running of their political offices including the hiring of staff.
The remuneration given to MEPs will change as from the next parliamentary elections due in mid-2009.
According to the new statute, MEPs will be given a monthly allowance of €7,000 and will also keep their daily and office allowance. Instead of getting travel allowance, MEPs will be refunded the actual cost of their flight ticket.