Democracy should be about accountable and transparent government, ideally no corruption at all, a healthy rule of law, pluralism and tolerance of diverse ideas. These principles can be best achieved if the executive, legislative and judicial arms of government are segregated and autonomous in their action.
These are the elements that appear above the waterline of government. Below, there are thousands of staff, lobbyists, advisers, regulators and thousands of workers who move the wheels of the administration. Good legislation should guarantee that all those paid to govern the country will always be guided by the good of society rather than their gain. However, in the absence of transformative leadership at the very top levels of government, the most one can expect is an illusion of good governance.
The Greco report expressed “fears” that the Commissioner for Standards in Public Life is a “weak body” because it lacks the clout to act when abuses of political power become evident. Commissioner George Hyzler disagrees with this assessment and backs his argument by listing some of the initiatives his office intends to take to make its positive effect in public life evident.
New rules on lobbying, gifts, the misuse of public resources and insider information are being planned. The office is also considering introducing guidelines against ‘revolving door’ practices in politics, the means by which government officials leave office to become lobbyists for private industry and lobbyists become government officials.
Dr Hyzler admits his office has legal limitations of what cases of alleged abuse by those in public office it could investigate. The Greco report said the office lacked real clout because all it could do when abuse of public power is proven is to admonish the culprit. The wheels of a criminal investigation are known to be slow in turning when ‘sensitive’ cases of alleged abuse of power are involved.
Who can blame those who are cynical about the government’s political will to give teeth to the gatekeepers of good public governance? Enacting good laws and codes of conduct are just a first step in creating the right environment for good government. Without a determined transformative political leadership, the efforts of the Commissioner for Standards in Public Life are bound to have little effect on the behaviour of politicians and those in senior public roles.
A tradition of weak enforcement of good governance legislation is the Achilles’ heel of Maltese democracy. This weakness is made even more serious as political power is increasingly concentrated in the hands of a few top politicians who are emboldened by their electoral success. The setting up of commissions to ensure that power in public life is spread as much as possible to avoid abuse may only be a smokescreen if the political will to dilute power in the hands of the chosen few is missing
Recent reports by Moneyval, the European Parliament and Greco expose the weaknesses in good governance that are undermining Maltese democracy. Those who speak out against the abuse of power and the lack of political will to address these abuses are termed as traitors rather than whistleblowers.
While the initiative by the Commissioner for Standards in Public Life should be welcomed by all who treasure the importance of good public governance, we must steer away from the triumph of hope over reality.
This is a Times of Malta print editorial