The Organisation for Economic Cooperation and Development together with the European Commission has presented a hefty report to the government calling for ethics rules for public officials to be updated.

The OECD and Brussels are proposing revisions to the code of ethics for MPs, ministers and junior ministers. 

Here are the main recommendations. Parliament resumed on Monday.

Use of information

The OECD is recommending that the government draft clear provisions on the proper use of information by elected and appointed officials. 

It even goes as far as to suggest how these could be worded.

“Members shall be truthful and transparent with parliament and the public, and shall only withhold information when its disclosure would be prejudicial to the national interest. Members should correct immediately any incorrect information given.”

The OECD also suggests the government introduce clear guidelines on the misuse of personal information.

“Members shall not disclose and make use of confidential information even after leaving office,” one proposed guideline reads.

Lobbyists

The OECD is calling for clear guidelines for MPs dealing with lobbyists and has drafted suggested rules and definitions. 

It defines lobbying as a legitimate activity as long as it is carried out with transparency and integrity. 

“Lobbying is a natural and beneficial part of the democratic process, as it allows different interest groups to inform public policy and decision-making”.

However, the OECD says that “risks emerge when activities take place without transparency and integrity”.

The OECD suggests MPs be made to register any communication with lobbyists in a transparency register.

Conflicts of interest

The OECD suggests a number of positions and activities that ought to be deemed incompatible with the role of an MP.

These include acting as a lobbyist, secondary employment in the public sector, and holding assets with a value determined by government policy. 

The body also suggests a mechanism for declaring conflicts of interest.

This, it says, should be done to the standards commissioner. Furthermore, the OECD suggests the government amend the constitution to prohibit elected officials from working in the public sector. 

The standards commissioner could also keep a record of any conflict of interests in MPs’ individual files.

Gifts

The OECD suggests that MPs have a register for gifts they receive during their time in the House. 

This would include hospitality and benefits offered to them and their family members, and should be included irrespective of whether they are accepted or rejected. 

Stakeholders could be consulted before a threshold is set on the value of these gifts. 

The OECD also suggests that the Office of the Standards Commissioner be responsible for this list. The commissioner would then have the final say on whether these ought to be donated or can be kept. 

Revolving doors

Malta has very little in the way of rules or guidelines on what sort of jobs elected and appointed officials take after leaving office. 

In fact, many often enter private sector employment which is directly linked to the area that would have previously been their responsibility to administrate or even investigate. 

The OECD suggests that MPs be prohibited from lobbying for a cooling off period of one year after leaving office. 

They should also be prohibited from disclosing confidential information once they take up these jobs. 

Sanctions could be included in the Public Life Act to cover breaches of these suggested offences, the OECD says. 

The OECD says the government could also create a guidebook for the private sector for those considering employing for holders of office.