Principal permanent secretary Mario Cutajar. Photo: Jason Borg

The long-awaited revised ministerial code of ethics has been in place since February but has not yet been published because the government is updating other codes before publishing them as one document, according to the principal permanent secretary.

Mario Cutajar said on the TV programme Times Talk last night that the new, updated ministerial code of ethics – which has been in the offing for two years – is already in force and being adhered to by Cabinet members.

Asked whether any changes had been made to the clause dealing with the jobs Cabinet members are allowed to hold beyond their ministerial duties, Mr Cutajar said that the code now specifies the Cabinet has the authority to make exceptions to the rule, especially when it comes to preserving the public interest.

When questioned by Times of Malta about the stage the revisions to the code had reached, Justice Minister Owen Bonnici said last March it would be published “in the coming days”.

This followed similar pledges over the course of a year, when the time frame varied repeatedly – from “soon” to “imminently”.

Mr Cutajar said yesterday the new code of ethics is a better reflection of today’s realities. It outlines the general principles and standards which ministers have to follow, as well as duties and responsibilities to be followed.

“While the previous code of ethics wasn’t bad, it was loaded with many procedures and mechanisms which had nothing to do with ethics or values,” Mr Cutajar said.

While the previous code of ethics wasn’t bad, it was loaded with many procedures and mechanisms which had nothing to do with ethics

“These have been removed. There were about 70 clauses, many of which were rules. We’ve removed all of them and created a special manual. The actual code of ethics is built on values, what they mean and on the leadership of each minister.”

The Cabinet, he added, has never been left without a code of ethics. The one drafted in 1994 remained in place until the new one was updated and entered into force.

Work is ongoing to revisit other codes of ethics, such as those covering government companies, public entities and public officials. These will be published as one document, encapsulating the codes of ethics concerning public administration, by the end of this year or early next year.

Mr Cutajar was asked if the ministerial code of ethics should be published so that the public can keep tabs on the government.

He replied: “The people constantly keep the government in check, not only through this measure but even in its work. For example, before passing any laws, a white paper is uploaded online for people to give their reaction.”

A review of the code of ethics was ordered by the Prime Minister at the height of the 2013 controversy surrounding his decision to allow former parliamentary secretary, ophthalmologist Franco Mercieca, to keep his private medical practice, in breach of the code.

Joseph Muscat said the code had been drafted about 20 years earlier under different circumstances and was “tailor-made” for lawyers, who were allowed to keep lecturing at the university.

At the time, he indicated the review was moving at a fast pace and the first draft was due to be discussed by Cabinet.