Auditor General and deputy approved

The House of Representatives yesterday unanimously approved the nomination of Anthony C. Mifsud as Auditor General and Charles Deguara as Deputy Auditor General.

Mr Mifsud is the permanent secretary at the Resources and Rural Affairs Ministry and Mr Deguara is the permanent secretary at the Justice and Home Affairs Ministry.

Both were nominated by Prime Minister Lawrence Gonzi and seconded by opposition leader Charles Mangion.

Their appointment required the approval of two thirds of the House.

Tabling the motions, Dr Gonzi said that before the end of the last legislature, and in agreement with the outgoing Auditor General Joseph Galea, he had tried to conclude with former Opposition leader Alfred Sant on a new nominee in the interests of continuity. Dr Gonzi pointed out that the post of deputy auditor general had long been vacant.

Last July he had proposed the two names. Last March he had had a meeting with an Opposition delegation and reminded them that the issue was still pending. A few days after his appointment, Labour leader Joseph Muscat had confirmed the opposition's agreement.

Dr Gonzi praised Mr Galea and his team for the sterling work they had put in. The more so, he said, that at one moment in time, when the position was vacant, and with Dr Sant's agreement, he had asked Mr Galea to continue in his post, not on a constitutional level but as a person who enjoyed the confidence of both sides. Mr Galea had accepted but, after legal advice, it later transpired that he could not conclude or sign any reports.

Dr Gonzi said this had created a situation which could not go unnoticed. It was good that such appointments needed the approval of two-thirds of the members of the House, but it was not right that a constitutional position should remain vacant for all of 12 months.

Dr Gonzi and Dr Sant had agreed that Mr Galea continues in his post and he had accepted, but constitutionally he could not. The Prime Minister said it was not right to have such a vacuum, and he wanted members to consider amending the Constitution to the effect that such appointees could remain in office until a substitute could be found even after their term had expired.

With regard to the persons nominated for the posts, Dr Gonzi said Mr Mifsud was a person with a long experience in the public sector, having worked under different administrations. The appointment required objectivity and seriousness as part of good governance, which Mr Mifsud possessed. The same could be said for Mr Deguara.

Dr Gonzi also pointed out that both the auditor general and his deputy were being appointed by Parliament on the same day, and this was not an ideal situation.

He was therefore suggesting that Mr Deguara be appointed two months after Mr Mifsud so that this could be a buffer between the expiry of the two appointments.

Mr Speaker Louis Galea said that because he was a Parliamentary official, Mr Galea had paid him a courtesy visit on his appointment as Speaker together with his legal counsel. He had informed him that he could not continue in his post as auditor general but he could function as the head of the department because this did not pose any constitutional problem. Mr Galea had in fact continued in his post overseeing reports.

Labour deputy leader for parliamentary affairs Anġlu Farrugia said that the opposition was in agreement with both nominations and with Dr Gonzi's suggestion of a two-month gap between the two appointments.

He said that such an important function needed capable persons. From what he had heard about Mr Mifsud, he was convinced he had always worked in an exemplary manner, even under a Labour government.

He said the same could be said of Mr Deguara, who he felt was capable of handling this responsibility.

Dr Farrugia said that in such a position, when the nominated appointees had received the backing and trust of Parliament, it was imperative that they always functioned in an impartial manner, without any pressure from anywhere. They should also never be on the receiving end of any unfair criticism.

He said that both Mr Mifsud and Mr Deguara would have the full support of the opposition.

Labour MP Helena Dalli praised Mr Galea and his team for their achievements over the past years.

When it came to improving the accountability of a country, the functioning of the auditor general's office was potentially one of the most crucial departments. Its effectiveness depended on its independence and freedom from direction or influence, with no outside restrictions.

Regulations introduced more than 10 years ago by a Labour government had helped to make the Auditor-General's office autonomous and more effective, even in the manner of analysis. Since then there had been a change in how the office functioned. Some sectors had progressed while others had regressed.

The latter cases included those where the Auditor General had been silenced or threatened because what was being revealed did not suit the government. She added that the same had happened with other institutions, such as the Ombudsman, when he revealed cases of injustices.

These were just two case studies which showed that despite words the facts were different. The government had tried to bury everything under a political controversy, where people questioned the Auditor-General's competence. They also questioned whether the law was applicable. There was also an attempt at an investigation into the auditor's office.

The same was happening in other authorities, as it always transpired that it seems the government is right.

Concluding the opposition's remarks on the motions, opposition leader Charles Mangion joined the rest of the House in thanking outgoing Auditor-General Galea for the sterling services he had rendered during his term of office. Dr Mangion pointed out that as chairman of the Public Accounts Committee he had worked closely with the Auditor-General.

Auguring success to the new incumbents Dr Mangion said the two jobs constituted serious onuses on them both to work objectively and diligently. Their tasks would include making performance reports with a view to ensuring the best value for money for the taxpayer.

He agreed with the proposal to extend the term of office of the Assistant Auditor-General so that both posts would not expire at the same time, thus ensuring continuity.

One stumbling block was the shortage of professional personnel for the office, brought about by a lack of such qualified people and the private demand for their services. Steps must be taken to entice more qualified people to the Auditor General's Office.

Dr Mangion expressed the hope that over the next five years, after having shown full confidence in the two incumbents, they would not be exposed to unfair criticism and threats for doing their job as they should and pointing out shortcomings in public office.

Each report by the Auditor General should henceforth include recommendations for the public administration to work better and more effectively.

For the annual sum of €460 million in personal emoluments to members of the public service, the people deserved no less.

Winding up, Dr Gonzi said that he confirmed Dr Louis Galea's statement. But, he pointed out, Mr Galea as head of department had helped but nothing could move further. Because of the legal advices, with which he did not agree, Mr Galea could not do anything.

He said he was sorry that opposition speakers had preferred to point out past instances. In case of Radio Mediterranean, Mr Galea himself had declared that the report "left much to be desired" and he acknowledged that the government's criticism was justified.

However, the Prime Minister said that there was a radical divide between the government and the opposition. If the opposition expected that the government would not criticise in cases where institutions drew up reports, then something was amiss. Did this mean that when a report was presented to the House Public Accounts Committee, the government could not criticise it?

On a point of order, Dr Mangion said where the opposition did not agree with the government was not its criticism of the report but asking for the Auditor General to be investigated. There needed to be respect towards the institution.

Continuing, Dr Gonzi said the government was accountable and had the duty to speak up if the Auditor-General or the Ombudsman raised points with which it did not agree or if certain investigations were not thorough enough. Once this is acknowledged, then both sides were in agreement.

The Speaker expressed his thanks to Mr Galea and his team and wished him a happy retirement, while auguring that the two new appointees are given respect and find the necessary cooperation to enable them to carry out their functions as expected of them by the Constitution.