Cases of corruption unearthed in the course of an investigation by the National Audit Office will be referred to the attorney general who will decide whether to prosecute the suspects, the government is proposing.
The reform is among six bills published on Wednesday which are aimed at implementing the recommendations made by the group of rule of law experts of the Council of Europe, known as the Venice Commission.
In its evaluation, it raised concerns that the prime minister wields too many powers and had called for these to be reduced.
Judicial review
Should the attorney general decide not to prosecute after NAO reports highlighting corruption are passed on, his decision could be challenged under a judicial review which is being proposed through a separate bill.
Such a right would also be granted to the Permanent Commission Against Corruption, Commissioner for Standards in Public Life and the Ombudsman as well as the injured party.
Heads of public authorities and permanent secretaries
Two of the other four bills deal with the prime minister’s discretionary powers in the appointment of permanent secretaries and the heads of public entities.
It is being proposed that when it comes to the Central Bank governor and deputy governor, the prime minister will have to consult cabinet prior to advising the president, rather than having absolute discretion.
The same is being proposed for the chairman of the Malta Financial Services Authority, the governing board of the Malta Arbitration Centre and the Data Protection Commissioner, where the prime minister is also bound to consult the opposition leader.
The other bill which deals with permanent secretaries binds the prime minister to consult with the cabinet and the Public Service Commission, which is a constitutional body responsible for recruitment in the civil service.
Positions of trust
The Venice Commission had also criticised the over-reliance on recruiting staff on the state payroll on a position of trust basis.
Though a bill has been tabled, it set no limits on the number of positions allowed within the secretariat of ministries and parliamentary secretariats. It says such a matter is regulated by the manual published by Cabinet Office and tabled in parliament.
The Ombudsman
Another reform being proposed concerns the appointment of the Ombudsman. The government is proposing the inclusion of an anti-deadlock mechanism in which the two-thirds parliamentary majority clause would fall if there is no agreement with the opposition after two rounds of voting.
Given the objections already raised by the opposition against this, it is unlikely to go through as it requires a two-thirds parliamentary majority.
Anti-deadlock mechanism impasse
The other four bills have already been debated at second reading in parliament, but the opposition voted against them. These include giving more powers to the president such as the appointment of the judiciary.
However, the inclusion of the anti-deadlock mechanism in the appointment of the president is opposed by PN MPs who have concerns this could serve as a loophole for the government to impose its nominated candidate by a simple absolute majority.
Sources told Times of Malta informal talks were due to start with the objective of breaking the deadlock by July 29 when the first batch of the bills are expected to be put to the vote in parliament before it rises for the summer.