They can say what they want in Parliament, but MPs will no longer escape unscathed if a proposal for an ethics watchdog goes through.
The Government is proposing the appointment of a parliamentary commissioner for standards with power to investigate cases of misbehaviour, unethical behaviour and abuse of parliamentary privilege by MPs.
The proposal was made yesterday by Foreign Minister Tonio Borg, who is also Leader of the House, as part of a White Paper intended to give Parliament more autonomy and make it more accountable.
The commissioner, who will be appointed and removed by a two-thirds vote in Parliament – giving him security of tenure – would also be empowered to propose penalties, including a month-long suspension from the House, although the ultimate decision will still be taken by the House itself.
Dr Borg said it was time for MPs to ensure high ethical standards were followed and enforced.
“A code of ethics has long been adopted but now it is time to have an enforcement mechanism,” Dr Borg said.
Insisting the White Paper was “just a proposal” and nothing was cast in stone, he said the proposed commissioner would act as a parliamentary ombudsman of sorts.
Parliament’s autonomy was raised by Nationalist MP Franco Debono during this legislature but Dr Borg denied the publication of the White Paper was a reaction to the backbencher’s antics.
“I have been working on this for 18 months,” Dr Borg said, adding that an extensive report on parliamentary reform had been drawn up by constitutional lawyer Professor Ian Refalo for then Speaker Anton Tabone.
Any MP found by the commissioner to have committed a criminal offence will be referred to the police and any breach of the code of ethics or abuse of parliamentary privilege would be referred to the House Privileges Committee.
Once the commissioner’s report is upheld, the Leader of
the House will be obliged to present a motion in the House to censure, reprimand or suspend the MP involved.
Asked whether he believed the commissioner’s recommendations would be taken on board by MPs, Dr Borg said it would be difficult for any government to ignore an investigation by an independent entity.
“Although the Government will have a majority of MPs, it would be very risky to face the ire of public opinion, especially today, if it ignored any recommendations made by the commissioner,” Dr Borg said.
The White Paper entitled The Maltese Parliament: More Autonomy, More Accountability, also proposes the setting up of a Parliamentary Service for the administration of Parliament, distinct from the civil service.
Parliament’s administration will be handled by the Speaker, who will answer to the House Business Committee.
Funds will be allocated in the same manner as funds are now given to the Ombudsman and it will then be up to the Speaker to administer in the best manner, enjoying autonomy even in the award of contracts and staff recruitment.
The White Paper also proposes that when no one is appointed Acting President, the Speaker shall assume that office instead of the Chief Justice, as is currently the case.
The White Paper is open for public consultation until October 14.
ksansone@timesofmalta.com