The Prime Minister has no right to waive the code of ethics, according to an analysis by The Times. Photo: Ian PaceThe Prime Minister has no right to waive the code of ethics, according to an analysis by The Times. Photo: Ian Pace

The ministerial code of ethics does not give the Prime Minister the right to waive any of its rules for his ministers and parliamentary secretaries.

The code clearly binds all ministers and parliamentary secretaries to dedicate all their time to their political offices and clearly prohibits any private work even if it is on voluntary basis, according to an analysis by The Times.

A debate on the code of ethics arose last week after The Times revealed that Parliamentary Secretary Franco Mercieca, an established ophthalmic surgeon, was given an exception by Prime Minister Joseph Muscat to continue seeing patients at Mater Dei Hospital and privately.

The issue also sparked questions about ministers’ role as lecturers at the University of Malta, a common practice since the code’s enactment in 1994, even though there are no specific exemptions.

Two former Cabinet members yesterday said that the code should be updated but underlined that Mr Mercieca’s waiver should have never been granted.

Dr Muscat defended the decision saying he had chosen the path of “common sense” due to Mr Mercieca’s specialisation.

However, many disagree.

Former Nationalist minister Michael Falzon said the Prime Minister does not even have the right to give such a waiver as there is no provision for this in the same code.

“In legal jargon, Dr Muscat’s decision is ultra vires,” said Mr Falzon, a harsh critic of the past PN administration.

Former Labour minister Lino Spiteri shares Mr Falzon’s position.

It would have been better had the code of ethics been amended before Mr Mercieca was appointed parliamentary secretary and given a waiver, he said.

“Once that did not happen, in my view Mr Mercieca should work for a limited time in accordance with his speciality on a voluntary basis, without receiving payments from private clients.”

Asked why the Gozitan politician was being singled out when Cabinet members in the past continued lecturing, both former ministers admitted this was a loophole in the code which should be revisited.

However, according to Mr Falzon there was no comparison between the two.

“It is true that prime ministers, both Nationalist and Labour, have allowed Cabinet members to lecture. However, there is a big difference between lecturing students and sharing knowledge, and keeping a private medical practice and charging money for it,” Mr Falzon said.

“It’s this professional-client relationship which is not on and which the code prohibits. There is a clear conflict of interest there between one’s public and private interests.”

Calling the lecturing issue “an anomaly which needs to be corrected”, Mr Spiteri said it was correct to state that Cabinet members have been lecturing for a long time.

“By amending the code, this anomaly should also be corrected to exempt such lecturers from being prohibited to continue to pass on their knowledge to students.”

During Lawrence Gonzi’s administration, three Cabinet members – Tonio Borg, Mario de Marco and Carm Mifsud Bonnici – continued to teach despite occupying the post of ministers.

It is not yet known whether members of the present Cabinet, who are also University lecturers, have continued to teach.

Questions sent to the Office of the Prime Minister yesterday remained unanswered.

What the code of ethics says

“As soon as a Minister (and Parliamentary Secretary) is appointed, it is expected of him not to continue with his private work.

“He should devote his whole time to his official duties.

“The prohibition covers also consultancies, attendance at offices/clinics to give professional advice, etc.., even if the work is not remunerated.”

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