Rebuilding the way Parliament works to restore integrity

“I, xxxx, solemnly swear to be truly faithful and loyal to the People and the Republic of Malta and to its Constitution.” This is the oath that all Members of Parliament take on taking office.

In very clear terms, the Commissioner of Public Standards has spelt out that Parliament’s backbench is undermined by those Members of Parliament who work – or are given paid assignments – within the public administration. This is not the first damning report on the subject: it was also highlighted by GRECO and the Venice Com

mission’s report on Malta.

The reason why this should never be is obvious even to the man in the street. It is an assault on the constitutional principle of separation of powers. And yet, the government’s reaction to the Standards Commissioner’s report is one of procrastination, with the hollow excuse that the report needs to be studied. In this regard, government is failing the public to whom it has been entrusted to serve.

Before 2013, Prime Minister Joseph Muscat’s battle cry, as the then Leader of the Opposition, was one where – if elected to government – he would build on what is right and do away with the wrong of a PN legislature. Yet this government’s reaction to justify the decisions taken by the Prime Minister, which have compromised Parliament’s backbench to unacceptable levels, was that “other administrations had done the same thing in the past.” Justifying one’s wrongs by the wrongs of others lacks good sense.

We all know the solution to eradicate this abuse which has hijacked Parliament, yet the government is reluctant to take immediate action. Why? An initial reaction on what is morally and ethically right by government would have cleared the air.

Are we in for a further dose of the anti-legal use of our present legislation or the enactment of new man-made laws that favour such outcomes, at the expense of democracy and in violation of the Constitution’s social contract?

The Members of Parliament (Public Employment) Act of 2004 and the Functions of Members of Parliament (Various Laws) Amendment Act of 2013 need revisiting to implement what is strategically right and correct. What is “fundamentally wrong” has been clearly defined by the Commissioner. There may also be backbench MPs who are employed in public administration and are in breach of the law, as their remuneration is above salary scale 6.

The Oath of Office of Members of Parliament, taken in the House and witnessed by the Speaker, gives direction. The Standards in Public Life Act and its First Schedule on the Code of Ethics of Members of the House of Representatives legally define that an MP must “reflect the status and dignity of Parliament”. I therefore assume that from now on, and more than ever, members of the backbench who have “a direct interest in a piece of legislation before the House, shall declare their interest in the House, at the first opportunity, before a vote is taken on the Second Reading of a Bill.” It is show-time. Will such members be taking this proactive approach?

The Chairperson of the Parliamentary Committee for Standards in Public Life is the Speaker. The Commissioner, as requested by law, has tabled his report to the said Committee. It is at the Speaker’s discretion to set a date for such a meeting. If I were him, I would call it immediately because the integrity of Parliament as an independent institution is at stake. Will he? If not, why not?

Our Parliament follows the Westminster model: drawing parallels is easy. Recently, the UK’s Commissioner for Standards, Kathryn Stone, as well as Kate Green, who heads the Standards Committee in the House of Commons, visited Malta. The UK’s Commissioner was reported as stating that “openness and transparency are very, very important principles in the promotion of ethical principles-based approach to the consideration of standards in public life, and people who elect members of Parliament have a right to know when their members of Parliament and officials have been alleged to have breached codes of conduct.”

Let’s call a spade a spade. The measures taken by government are grossly unorthodox and have negatively targeted our weakened democracy. It is time for the government to stop paying lip service when it complies with the Constitution.

We need to rebuild the way Parliament works so that its integrity is restored.