Bill on standards in public life to be presented early next year

A Bill on standards in public life is due to be presented to Parliament early next year.

House Speaker Anġlu Farrugia yesterday laid on the Table of the House an interim report drawn up by a select committee on the setting up of a post of Commissioner and a standing committee on standards, ethics and proper behaviour in Public Life.  

The select committee agreed that a “person in public life” would be a Member of Parliament, including the Prime Minister and Parliamentary Secretaries; and people appointed to positions of trust such as ministers’ and parliamentary secretaries’ secretariats, the EU Secretariat, and positions in corporations, authorities and other government entities filled without calls for applications.

At this stage, people elected to public office, such as local councillors, would not be included.

The Commissioner for Standards, Ethics and Proper Behaviour would be nominated by the Prime Minister after consultation with the Leader of the Opposition and appointed by the House of Representatives with a two-thirds majority.

He would have the right to launch an investigation on receipt of a written complaint or on his own initiative. He would inspect and verify as needed MPs’ declarations of assets, and confidentially draw attention to any shortcoming, enabling the person concerned to regularise their position.

Besides the investigative the commissioner would also have a consultative role, such that an MP could approach him for advice on whether a planned activity would be in breach of the code of ethics or constitute improper behaviour.

When crime is suspected the commissioner would have the right to refer cases directly to the Commissioner of Police, to the Permanent Commission Against Corruption or to any other entity.

The commissioner would also have the right to call witnesses and ask them to produce documents in their possession as they would before a court of law.

The select committee agreed that the commissioner must refer any cases constituting prima facie lack of proper behaviour to the House standing committee. When referring a case for further investigation he should immediately notify the standing committee.

When finding no improper behaviour the commissioner should stop the case immediately, notifying the complainant and the standing committee. Confidentiality must be paramount until he finds prima facie improper behaviour and refers to the standing committee.

In its turn the standing committee should have the right to call for clarification of the commissioner’s report, call for additional investigation by summoning witnesses and report to the House on cases referred to it.

As in the case of the Attorney General, the commissioner must be independent and subject to no control by any person or authority.

The standing committee would have no right to ask the commissioner to review his advice or submit to the House any advice different to the commissioner’s.

As for people in positions of trust the standing committee would have the right to ask the Principal Permanent Secretary to take steps against the individual, bearing in mind the Employment and Industrial Relations Act.

The select committee agreed that the permanent committee would be chaired by Mr Speaker with two members from each side of the House. The Speaker would not have an original vote but would have a casting vote.