Stripping foreigners of citizenship bought under the controversial investor programme being debated in Parliament would be unconstitutional, according to advice given to the Government by the Attorney General.
“The wholesale deprivation of citizenship of a certain class of persons would violate fundamental constitutional principles,” Attorney General Peter Grech told the Government when asked for advice in light of a threat by Opposition Leader Simon Busuttil that a future PN government could withdraw citizenship granted under the programme.
Speaking in Parliament on Wednesday, Dr Busuttil said citizenship was the dearest thing for the Maltese, but the proposed scheme shamed Malta and reduced the country to the level of tax haven countries.
However, according to Constitutional law experts, citizenship can only be removed under exceptional circumstances which relate to cases of disloyalty to the State or instances of citizenship obtained through forced marriage, for example.
“You cannot target or select a group of people and remove their citizenship...” a constitutional lawyer who spoke anonymously said.
Asked for his reaction, Dr Busuttil said: “We would prefer to comment on the full advice by the AG rather than just an extract of it. However,it stands to reason that we would act in conformity with the law, as duly amended where necessary.”
The wholesale deprivation of citizenship of a certain class of persons would violate fundamental constitutional principles
Dr Busuttil noted that the quoted advice gave rise to “concern”. “If anything, it confirms our grave concern that a new ‘class’ of citizens will be created by this ill-conceived scheme,” he said.
But the government has remained adamant on its position. “The Opposition Leader should know that he is constitutionally and legally incorrect in what he is saying,” a spokes-man for the Office of the Prime Minister said.
He accused Dr Busuttil of trying to damage “the potential investment and knowledge that the Individual Investor Programme would bring to Malta. He will not succeed in his intent”.
In fact, the Government was pushing on with its plans yesterday as Prime Minister Joseph Muscat addressed an audience of 140 prospective investors at The Derkeley Hotel in London to promote the scheme. The event was organised by Henley and Partners, who have been selected to administer the programme.
Malta will be a leader in Europe by offering “the most straightforward” access to “high net worth individuals” who seek “a better way of life”, Dr Muscat said.
“Should we burden our taxpayers with more taxes? Should we borrow today so that our children pay tomorrow? Or should we attract the best talent that the world has to offer? The answer for me as Prime Minister is obvious.”
He said the scheme, under which foreign investors could become citizens of Malta for a fee of €650,000, would result in the building of “a stronger and more prosperous nation”.
Citizenship is not a transaction, he said, and the Government would be leaving “no stone unturned” in the scrutiny of any applicant prior to admission.
He said that not everyone would manage to successfully apply, “but for those that do, the enduring relationship of citizenship by investment will be their reward”.
Reacting to the Prime Minister’s address, Dr Busuttil said the London event was evidence of the Prime Minister’s “arrogance” because the launch of the controversial scheme forged ahead “without as much as having approved the necessary legislative changes in Parliament”. He said this showed that the PN’s repeated calls for consensus had been ignored by the Government.
“The PN has offered its cooperation to reach consensus on a scheme that is of benefit to the country and not one that jeopardises our country’s reputation,” he said.
This left the Opposition no choice but to draw the necessary political stand. “We will not compromise on the principle at stake, namely that our citizenship is not for sale,” he said.