Why did the Opposition MPs walk out of Parliament?
It was a reaction to a ruling against leader Simon Busuttil given by Speaker Anġlu Farrugia on a breach of privilege complaint raised by the Prime Minister.
What is a breach of privilege?
Parliamentarians enjoy the privilege of immunity from legal action for whatever they say in Parliament.
It is a tradition inherited from the British system intended to give MPs the peace of mind to speak without fear or favour.
However, MPs can object to statements made by fellow members or reports that appear in the media. This is called a breach of privilege.
What exactly did the Prime Minister complain about?
In Parliament on Monday, Opposition leader Simon Busuttil alleged there had been political interference in the Police Commissioner’s work when he decided there was no proof to prosecute against former EU commissioner John Dalli.
Prime Minister Joseph Muscat objected and asked Dr Busuttil to withdraw or substantiate the allegation, which he did not.
Subsequently, Dr Muscat asked the Speaker to rule on a breach of privilege complaint.
What did Dr Farrugia decide?
At face value Dr Busuttil’s statement constituted a breach of privilege in terms of Parliament’s standing orders that state “no bad motive” shall be attributed to any MP.
Dr Farrugia referred the case to Parliament’s Standing Committee on Privileges for further action.
But what did Dr Busuttil say?
The words the Speaker found objectionable are: “Didn’t they tell you, Mr Prime Minister, these leaders, who none of them told you that Malta was the worst in Europe, but who in their country interfere politically with the Commissioner of Police not to take action against people after political interference like you did with the Police Commissioner in the John Dalli case?”
Was this the first time Dr Busuttil made this allegation?
No. His statement is not significantly different from the allegation he made during a press conference last week in reaction to the testimony of former police commissioner John Rizzo.
Dr Busuttil had said: “The only conclusion was that there was political interference by the Government to manipulate the course of justice.”
So, what is the Standing Committee on Privileges?
It is a parliamentary committee chaired by the Speaker and composed of three Government and two Opposition MPs.
The Speaker does not vote but has a casting vote if there is a tie.
The Government members on this committee are Deputy Prime Minister and Leader of the House Louis Grech, Whip Carmelo Abela and Deborah Schembri. The Opposition members are Dr Busuttil and Whip David Agius.
What does it do?
The committee will have to hear the case, summon witnesses accordingly and decide whether there was a breach of privilege.
It then submits its recommendations to the House for further action.
What are the consequences for Dr Busuttil if he is found guilty?
The privileges committee can recommend that Parliament decide to punish the acts with an admonition.
In this case Dr Busuttil will be admonished by the Speaker. However, the committee can also ask the House to authorise the Speaker to order the police to prosecute Dr Busuttil.
What happens if the court finds Dr Busuttil guilty?
In terms of the parliamentary privileges law the punishment meted out by the court if found guilty can be: an admonition or imprisonment for a term not exceeding six months or a fine of not more than €1,165 or both a fine and imprisonment.