The tax authority is precluded by law from releasing the names of the people on the Swiss Leaks list, according to Finance Minister Edward Scicluna.

He said the tax treaty through which the tax authority would obtain the list was very specific about how the list could be used.

“Once the list is in hand all names on the list will be investigated to determine whether any illegalities have been perpetrated but the names cannot be divulged to the public,” Prof. Scicluna said.

The list of HSBC clients who held secret accounts in the bank’s Swiss branch, revealed by a whistle-blower in what is known as Swiss Leaks, is expected to be in the hands of the taxman in the coming days.

Revenue Commissioner Marvin Gaerty confirmed on Friday a formal request was filed with the Swiss and French tax authorities to be forwarded the list.

Prof. Scicluna said publishing the names on the list was forbidden by the secrecy provision of tax legislation and the Data Protection Act.

“It is up to the whistleblower to publish the list if he wants to,” Prof. Scicluna said, with reference to the former HSBC employee who stole the list in 2008 and passed it on to the French authorities.

It is up to the whistle-blower to publish the list

The list was later leaked to French newspaper Le Monde, which shared it with the International Consortium of Investigative Journalists. The list includes the names of 71 Malta-based clients, including 24 who are holders of Maltese passports.

So far three people have been named: former ministers Michael Falzon and Ninu Zammit and former Enemalta chairman Tancred Tabone.

While delivering the opening address at a conference on taxpayers’ rights organised by the Malta Institute of Management on Friday, Prof. Scicluna emphasised that no taxpayer information could be used for purposes other than tax-related matters.

“At best, permission could be sought from the source to transfer that data, to the Financial Intelligence Analysis Unit if there is suspicion of money laundering.

“But that is a decision that remains to be seen in view of discussions that our tax authorities will be holding with the French tax authorities on this.”