The red briefcase that debuted at last month’s budget session may be in breach of the law because it reproduces the Maltese coat of arms, a top lawyer and Opposition MP have implied. 

Finance Minister Clyde Caruana appeared outside of parliament with a pillar-box red briefcase ahead of delivering the budget speech, in a nod to Malta’s colonial past. 

The design of the 2.5 kg briefcase, which was purchased by Caruana in his personal capacity, features the Maltese coat of arms and the phrase ‘Ministru tal-Finanzi’ on the front and a verse from the Maltese national anthem, ‘Saħħa l-ħaddiem’ on the back. 

However, lawyer Franco Debono noted in a blog post that reproducing the Maltese coat of arms is illegal without the express written permission of the prime minister.

And judging by the prime minister's own words, it seems no such permission was ever given. 

In parliament on Monday, PN MP Karol Aquilina asked how many times since 2013 has permission been sought to make use of or reproduce the Maltese coat of arms, and to whom this was granted. 

Prime Minister Robert Abela replied that in the past nine years, permission for the use or reproduction of the coat of arms had been granted five times: to the Local Councils Association, Heritage Malta, the Civil Protection Department, the Inspections Coordinations Office and the Police Corps. 

The list, which Abela said was current to 2022, did not include Caruana. 

“The conditions of granting permission were based on the specific use outlined in each request for authorisation respectively,” Abela said in his reply. 

Caruana sidesteps issue in parliament

Caruana's briefcase was brought up for discussion once again on Wednesday evening, when Aquilina asked the minister directly whether he had permission to reproduce the Maltese coat of arms. 

Aquilina asked why the minister’s name was not included in the list provided by the prime minister on Tuesday. 

The minister brushed off the implication.

“I’m pleased that your criticism of the budget is about my briefcase,” Caruana replied.

“I can see people here smiling, so I hope the Opposition continues to come up with these arguments so that we can understand who is really safeguarding the needs of the people.” 

Caruana did not indicate whether he had sought permission to make use of the emblem. 

The section of the law Debono is making reference to in his blog post.

Debono: 'Coat of arms isn't a pigeon club logo'

Anyone caught misusing Malta's coat of arms can be fined up to €2,329, according to the law.  

And in Debono's view, Caruana has gotten himself into a bit of a pickle in a bid to “be more like the English”.

Lawyer and former MP Franco Debono. Photo: Chris Sant Fournier

“Malta’s coat of arms isn’t some bocce or pigeon club logo,” Debono, who is also a former PN MP, said. 

“The briefcase is the finance minister’s personal property. He bought it and he’s going to take it with him when he leaves. Apart from this colonialist mentality that I have frequently written about, apart from this dubious fantasy that a finance minister makes use of his own briefcase and not the state’s, it seems that he did not seek consent, as stipulated by the law, to use the Maltese coat of arms. 

“No one forced him to use his own private property to carry the budget document, this was his own initiative.”