An international anti-corruption watchdog has called for tighter controls with regard to MPs’ declaration of assets and for the establishment of “objective criteria” regulating judicial appointments.
The recommendations were made by the Group of States against Corruption (Greco) within the Council of Europe in a report which focused on prevention measures among MPs, judges and prosecutors in Malta.
The report called for a radical overhaul of the MPs’ code of ethics, with a view to introducing improvements that would make for more consistency, clarity and guidance.
“There is no adequate supervision or enforcement mechanisms, relying heavily instead on the discretion of each member,” the report said.
Certain provisions of the code were criticised as being inconsistent or possibly misleading, such as those concerning gifts and honoraria.
The report criticised the manner in which MPs filed their annual declaration of assets, noting there was no requirement to declare items such as liabilities, gifts and honoraria.
It pointed out that, in the past, an MP (whose name was not revealed) had failed to file the asset return for four consecutive years and in some other cases had even filed a blank form.
In this context, the report called for measures to ensure appropriate supervision and enforcement of the MPs’ declaration of assets and their financial interests, coupled with effective sanctions in case of breaches.
With regard to the judiciary, the report expressed concern due to a perception that appointments were being made “for reasons of influence rather than suitability”.
This remark echoed concerns expressed last month following the appointment of a practising politician – deputy Labour mayor Monica Vella – to the bench. Since Labour was returned to power in March 2013, half of the 10 appointments made to the judiciary were former or serving Labour officials while most of the rest were also closely connected to Labour or its officials.
The Greco report backed a proposal by the Justice Reform Commission saying this would be a step forward. The proposal was to allow the Commission for the Administration of Justice to nominate suitable candidates and make its recommendation to the government.
It also suggested strengthening judicial accountability by extending the rank of disciplinary sanctions to ensure better proportionality and by improving transparency of complaints processes.
“Sanctions might, for example, range from a formal warning to reprimand, suspension and, ultimately, removal, but the latter not influenced by political considerations,” it said.
It also called for all proceedings to be open to the public as, at present, these were confidential.
“The publication of information on complaints received, types of breaches and sanctions would therefore serve a double purpose, that is, helping identify and further promote corruption prevention within the judiciary and raise public awareness on the action that is taken,” the report said. In a short statement, the Justice Ministry welcomed the report, saying it confirmed the positive steps taken in recent years to fight corruption and the government’s commitment to reforming the justice sector.
It said it had noted with interest the recommendations made.