Malta has been urged to review the code of ethics for MPs and the parliamentary Standing Orders related to integrity, ethics, financial/activity declarations and conflicts of interest with a view to adopting improvements that would provide more coverage, consistency and clarity. 

It has also been urged to update the way judges are appointed and take measures to deter corruption.

The calls was made by the Council of Europe’s Greco group in a report on Malta.

It said that while a number of good disclosure rules and practices were introduced in recent years, the code of ethics of MPs was now due for thorough revision and update. The current code, it said, does not sufficiently cover some topics that one might expect to see in such a code (e.g. third party contacts, misuse of confidential information, misuse of public resources – money, offices, equipment, facilities, staff, etc.) and several of its provisions raise substantial questions and ambiguities with regard to their application (e.g. acceptance of gifts, honoraria, disclosure of personal interests at the outset of parliamentary debates, etc.).

There was also no designated source of counselling or training with regard to the code, and it also lacks an adequate supervision and enforcement mechanism.

It noted that a Standing Committee is currently working to address ethical issues in Parliament; draft legislation is now underway to reinforce ethical conduct and accountability in public life. This legislation would be  a step forward that, if adopted, would  apply not only to members of parliament in general, but also to ministers, parliamentary secretaries, parliamentary assistants, as well as employees in a position of trust and persons engaged as advisors or consultants to government and any statutory body.

Greco called for formalised, objective criteria and evaluation procedures for judicial appointments with guarantees of due independence, impartiality and transparency.

With regard to MPs, Greco said Malta needs to take measures  to ensure there is appropriate supervision and enforcement of the rules on the declaration of assets, financial interests and outside activities, and the standards of ethics and conflicts of interest provisions applicable to members of parliament.

It said a range of effective, proportionate and dissuasive sanctions needed to be available.

There was also need for a dedicated source of confidential counselling to provide parliamentarians with advice on ethical questions, conflicts of interest in relation to their legislative duties, as well as financial declaration obligations.

Regular awareness raising activities for members of parliament should be held, covering issues, such as ethics, conflicts of interest, acceptance of gifts, honoraria, hospitality and other advantages, outside employment and activities, declarations of financial/activity interests, as well as other activities related to the prevention of corruption and the promotion of the integrity within the Parliament.

JUDGES

In its findings on the law courts, Greco noted that there have been some scandals in recent years involving judges, which have somewhat tarnished the traditionally acknowledged sound reputation of the Maltese judicial system and have triggered a debate on integrity and accountability matters within the judiciary. A

“As a result, popular satisfaction with justice as a whole has never been so low.”

“ There are certainly some shortcomings in the current system which could constitute problems in the future, and opportunities which have not been fully exploited for anti-corruption purposes,” it said.

“ More particularly, the system governing the appointment and discipline of judges is due for an overhaul with the overall aim of instilling greater transparency and independence in such processes; this would additionally help to clarify public expectations about the qualities and standards of behaviour expected from those in judicial office.”

  Greco said Malta needs formalised, objective criteria and evaluation procedures for judicial appointments with guarantees of due independence, impartiality and transparency.

The same guarantees of independence, impartiality and transparency need to apply also  in the appointment of boards and tribunals exercising judicial functions.

The system of judicial accountability should be be significantly strengthened, notably by extending the range of disciplinary sanctions to ensure better proportionality and by improving the transparency of complaints processes.

It said there should be compulsory induction training programme, including consideration of judicial ethics and mentoring arrangements for new judges.