There is only one issue at stake in the Franco Mercieca case: has he been breaching the special waiver from the ministerial code of ethics granted to him by the Prime Minister (which is in itself controversial) by carrying out corrective eye laser surgery against payment? The resounding answer has to be Yes, and as such there are no further considerations.
The ministerial code of ethics as it stands is crystal clear: ministers and parliamentary secretaries are not permitted to carry out any other work even if they are not being paid for it.
Mr Mercieca accepted the role of parliamentary secretary for the elderly. However, he explained that he had discussed the issue with Prime Minister Joseph Muscat who had granted him an extraordinary waiver given the parliamentary secretary’s specialisation in a particular area of eye surgery.
Though rules in a democratic society should not be flouted while they are in force – the whole notion of a law-abiding society is based on such a fundamental principle, and the people in power should lead by example – people are prepared to empathise with Mr Mercieca’s position given his expertise in a very particular field.
Moreover, patients requiring delicate eye operations stand to benefit from this exception to the rule. This makes the argument to turn a blind eye (no pun intended) – until the Prime Minister carries out his pledge to amend the code of ethics – all the more persuasive, because allowing someone of Mr Mercieca’s calibre to exercise his skills in a limited context is of undoubted merit.
However, Dr Muscat had said very specifically that the waiver permitted Mr Mercieca to continue working in a very limited manner in his field of expertise. The front page story in The Sunday Times of Malta revealed that he is also performing operations done by others.
After carrying out an investigation and gathering video evidence, the newspaper established that Mr Mercieca is regularly working at a private hospital and being paid for his services – though it was erroneously stated (a point that has since been corrected) that he was driven to the hospital in his official government car.
This conflicts with the rationale behind the waiver as communicated by the Prime Minister to the public.
Foreign Minister George Vella, who is a GP by profession, is another member of the Government who has admitted that he sees certain patients. This is also in breach of the code. But he performs this task on Saturday mornings and does not accept payment in return.
Mr Mercieca has insisted that a transitional period is required to enable him to pass on his skills before he relinquishes private practice altogether in September. While we certainly would not want to see Malta deprived of medical expertise, if this is the case it should have been explained in a transparent manner and the issue of remuneration should have been dealt with in a far more satisfactory manner.
No member of the Government should be seen to profit from any ancillary work. The ball is now in the Prime Minister’s court to ensure he deals with this issue in a much better manner than it has been handled to date. If he is not seen to act correctly now, it is likely to lead to question marks over his authority and credibility.