A heated 45-minute debate ensued in Parliament’s plenary session following a point of order raised by Tourism Minister Edward Zammit Lewis, who said he had been stopped from asking for a ruling from the Speaker by the chairman of the Public Accounts Committee, Tonio Fenech.
Earlier in the evening, Mr Fenech had closed the committee meeting saying that all items on the agenda had been dealt with and the minutes of the previous meeting had been agreed to unanimously with no matters arising.
This was, however, after Dr Zammit Lewis had raised a point of order in connection with a request made by Nationalist MPs Jason Azzopardi and Ryan Callus for the National Audit Office to investigate an emphy-theusis agreement.
It was entered into between the General Workers Union and ARMS Ltd. Dr Zammit Lewis argued that the Auditor General could not investigate two points under the terms of reference the AG had sent to the committee regarding the matter, because affairs concerning civil rights had to be dealt with by the courts.
His attitude was arrogant and unacceptable
Justice Minister Owen Bonnici immediately wrote to Mr Fenech objecting to these two points of investigation.
However, Dr Zammit Lewis said he had been barred by Mr Fenech from requesting a ruling from the Speaker on the matter on the pretext that the minutes of the previous meeting had already been agreed to. Mr Fenech had abruptly closed the meeting. This was not procedurally correct and his attitude was arrogant and unacceptable, the minister said.
In plenary, Dr Zammit Lewis asked for a ruling on procedure, arguing he could not be stopped from making his comments.
Mr Fenech replied that the committee’s work was directed by procedure, which had been followed.
Since the minutes had been approved, no matters raised and the item for discussion concluded with no other matters on the agenda, he closed the meeting.
The matter raised by Dr Zammit Lewis had been dealt with when all the members approved the minutes as amended. He had already let Dr Zammit Lewis raise an issue on the terms of reference regarding an investigation requested from the NAO on local council funds.
The minister’s action was ultra vires, Mr Fenech said, because the PAC could not interpret letters sent to it by the National Audit Office. The minutes had been approved.
Mr Fenech accused the government of wanting to reduce the PAC to an instrument in its hands to restrict the Auditor General’s work. This was scandalous, and it was dangerous to debate what the Auditor General could investigate or not.
He said he had learnt from earlier mistakes and would not reopen a discussion on an item which had already been decided.
Dr Zammit Lewis said the disagreement was not about the minutes but about the terms of reference. The government never requested a majority vote or any censure of the Auditor General’s work.
Justice Minister Owen Bonnici asked the Speaker to pronounce himself on whether the PAC chairman could act in such a manner.
Mr Speaker Anġlu Farrugia said that he would give a ruling at the opportune moment.