Opposition MP Francis Zammit Dimech. Photo: Jason Borg

Foreign Affairs Minister George Vella and Opposition MP Francis Zammit Dimech crossed swords at a meeting of the select committee on the appointment of a commissioner and a standing committee on standards, ethics and proper behaviour in public life.

Dr Vella proposed that the words ‘ministers and parliamentary secretaries’ in the Bill be replaced with ‘members of the House of Representatives’ to stress the point that the Commissioner on Standards, Ethics and Proper Behaviour in Public Life should only censure ministers’ improper behaviour and not his administrative decisions.

Dr Zammit Dimech disagreed, arguing that if one removed the focus on the members of the Executive, one would be sending a negative message.

He insisted that the wording should remain the same.

Dr Vella said the commissioner should not censure the political decisions of a minister.

A minister’s policy, whether good or bad, should not fall within the remit of the commissioner but within the remit of the Prime Minister, who appointed the minister. Otherwise, one would be establishing a higher authority.

Nationalist MP Ryan Callus said one should not limit the commissioner’s remit. Dr Vella said a minister’s failure to attend Parliament meetings and to answer parliamentary questions would fall within the competence of the commissioner.

However, the commissioner should not be able to censure the minister’s administrative decisions.

A minister’s policy, whether good or bad, should not fall within the remit of the commissioner but within the remit of the Prime Minister

Dr Zammit Dimech said the committee had agreed on the wording of the law and that ministers would be included in the Bill.

Dr Vella pointed out that if the commissioner would be able to censure a minister’s administrative decisions, this would result in a dictatorship.

Foreign Affairs Minister George Vella. Photo: Chris Sant Fournier

Dr Zammit Dimech argued that if the committee could not agree, its meetings should be put off immediately. This was agreed to by Dr Vella.

However, the Speaker of the House and chairman of the Committee, Anġlu Farrugia, asked whether the Bill could include two different schedules that would apply for ministers and for members of Parliament.

Dr Vella reiterated that a minister was a member of Parliament and if he breached ethics, the commissioner would be entitled to investigate. However, if he would be able to regulate administrative decisions, the commissioner would effectively regulate Malta.

Mr Callus said that one should not have a code of ethics applicable to members of Parliament but not to members of the Executive.

Dr Farrugia pointed out to Mr Callus that Dr Vella was not saying so.

Dr Vella said the government sought to include people of trust, adding that no one should throw mud on the government’s good intentions.

Dr Farrugia said that there should be an understanding that the commissioner’s remit did not extend to a minister’s administrative decisions.

Dr Zammit Dimech reiterated his position that he did not agree with removing ministers from the Bill’s definition clause.

He said that if one code would be applicable to everyone, then the definition clause should include ministers too.

Donatella Frendo Dimech, a lawyer from the Attorney General’s Office, said the Bill provided that the commissioner’s power was to investigate allegations on persons, on any matter, who breached statutory or ethical duties.

Dr Zammit Dimech insisted that one should not remove ministers from the definition clause.

Dr Vella said it was incorrect to say that one would be removing ministers from the definition clause; ministers would fall within the scope of the law as members of Parliament. He argued that if there was no good faith to agree on this matter, the committee should adjourn.

Dr Farrugia said that the Bill was clear and spoke of ethical breaches.

Labour MP Justyne Caruana asked why were the Opposition MPs finding difficulties if the Bill was clear. The government was distinguishing between scrutiny and control.

Speaking on other provisions, Dr Vella said that the commissioner should not investigate matters retrospectively.

Dr Zammit Dimech said that would send a negative message to the public.

Both agreed that the commissioner should have a timeframe within which he should conclude investigations.

The meeting was put off to February 12 at noon.