The Labour Government should stick to the letter and spirit of the ministerial code of ethics, according to experts in public policy.
A code of ethics is like a law, above everyone
Martin Scicluna, a long-time government consultant with a high-flying career in the British civil service, said while the code should be updated it must be adhered to “to the letter”.
He was commenting after Times of Malta reported that Foreign Affairs Minister George Vella had become the second member of Prime Minister Joseph Muscat’s Cabinet to breach the code of ethics.
Until it is updated, the current code, which precludes ministers and parliamentary secretaries from carrying on with their private practice, must be followed, he said.
“The existing code of ethics should still apply unless there is a public statement by the Prime Minister that elements of it are to be put aside,” Mr Scicluna said.
“This Administration has come to power on the basis of having set high standards and if, at its first hurdle, it begins to twist and turn, it will undermine public confidence.”
A similar opinion was expressed by University professor Kenneth Wain, who lectures in politics and ethics.
A code of ethics was there to be followed by everyone and no one should have the prerogative to grant dispensations.
“A code of ethics is like a law, above everyone... when one’s personal interpretation starts getting into it or you start talking about the power to give dispensations from the code of ethics then it stops being a code of ethics and starts being something different,” Prof. Wain said.
Parliamentary Secretary Franco Mercieca was the first member of Dr Muscat’s Cabinet to breach the code but he was granted a waiver due to his medical specialisation.
Dr Vella this week admitted he was still seeing patients on Saturday mornings although he was not charging them. He said he did not need a waiver as he was doing his duty according to the ethics of the medical profession.
The code strictly prohibits Cabinet members from continuing to practise, even on a voluntary basis.
Asked who should be responsible for ensuring the ministerial code was observed – a grey area in the code – Mr Scicluna suggested it should be placed under the remit of a parliamentary commissioner for ethics and standards.
This had been proposed by former minister Tonio Borg in a White Paper and a draft Bill for the autonomy of Parliament tabled before the last election.
“The new administration, which so far as I know had supported this proposal, should now pursue this issue and move it forward,” Mr Scicluna said.
Prof. Wain agreed more clarity was needed on who should ensure the rules are strictly followed.
“There is need for clarity on who should own the ministerial code of ethics. Should it be the Prime Minister or Parliament?” he asked. “If this is not done it remains a wishy-washy document.”
On taking office, Dr Muscat said he had directed the Cabinet secretary to update the code, which was drawn up in 1994 by then Prime Minister Eddie Fenech Adami.