The Government hinted yesterday that newly elected Labour MEP Claudette Abela Baldacchino might not invoke parliamentary immunity to evade prosecution over fraud charges.
The Government has so far not declared whether it will be formally asking for her immunity to be lifted but a spokesman for the Prime Minister said she would not plead immunity.
National authorities request stripping individual MEPs of their immunity quite often
Ms Abela Baldacchino, now a member of the Prime Minister’s secretariat, is facing charges of defrauding the European Commission of about €96,000 in travel expenses. She was arraigned last year together with a number of former local councillors.
An OLAF investigation had concluded that councillors claimed higher travel fares to Brussels than they actually paid and then pocketed the difference.
The EU anti-fraud organisation said the councillors, who are pleading not guilty, claimed the flights cost them €599 when they actually paid €466.
European Parliament rules lay down that MEPs shall not be subject to any form of inquiry, detention or legal proceedings during their tenure as MEPs.
However, MEPs can be stripped of their immunity on the request of the national authorities the Government or the judicial authorities, in Malta’s case.
A spokesman for the European Parliament said that although Ms Abela Baldacchino had been arraigned before being elected, she would still enjoy immunity.
The spokesman said that requests by national authorities to strip individual MEPs of their immunity “happen quite often”.
The process of doing so is quite laborious. Following a formal request by a competent authority, a long legal and procedural process kicks in.
This includes drawing up a recommendation by the EP Legal Affairs Committee, its approval by the same committee followed by a motion at the plenary session where all MEPs will have to vote on whether to lift the MEP’s immunity or not.
Asked whether the Maltese authorities would be making a formal request for the lifting of Ms Abela Baldacchino’s immunity, the Prime Minister’s spokesman did not give a direct reply but said: “Claudette Abela Baldacchino will not be seeking immunity as she is determined to prove her innocence in court.”
When asked whether the Prime Minister had given the green light for Ms Abela Baldacchino to contest the casual election, notwithstanding the fact she was facing fraud charges, the spokesman said Dr Muscat spoke to her.
He said she had expressed her wish, as was her right, to contest.
Her case was raised in Parliament on Wednesday by Nationalist Party deputy leader Simon Busuttil who accused the Prime Minister of shaming Malta in Europe.
Labour accused Dr Busuttil of using old-style politics. The party said that one was presumed innocent until found guilty.
The vice president of the EPP Group in the Euro Parliament said the affair called Dr Muscat’s judgement into question. Manfred Weber said she should not have been allowed to contest, “even more so when the charges relate to the fraud of EU money”.