Abolish parliamentary privilege

The most significant effect of parliamentary privilege is that members of parliament cannot be sued or prosecuted for anything they say in debate in the House. It enables freedom of speech and freedom of reporting but it is something that has to be exercised responsibly, which, unfortunately, does not appear to have been so exercised lately in Malta.

Former prime minister Joseph Muscat once said that parliamentary privilege and immunity should no longer be in place in parliament, especially when they are abused by MPs. Such an opinion had also been adhered to and appealed for by Speaker Anġlu Farrugia.

Once a name of any ordinary citizen is revealed under the protection of privilege and in an undesirable, unjustified or fabricated context, it will be picked up by the media and commentators and it will spread like wildfire on Twitter and other social media.

The balance between fundamental rights and parliamentary privilege must be re-examined. Parliamentary privileges originated during the long struggle for democracy and citizen’s rights in Britain, between a monarch and parliament as kings used to get members who spoke or were likely to speak against the king arrested. Today, our legislators get citizens and journalists arrested. There should be a debate held about the need for codifying privileges and giving primacy to a citizen’s right to free speech over legislative privileges.

Photo: Darrin Zammit Lupi

Our legislators have the power to be the sole judges to decide what their privileges are, what constitutes their breach and what punishment is to be awarded in case of breach. Is this not too wide a power which clearly impinges on constitutionalism, that is, the idea of limited powers? It is in this sense that I feel that chapter 113, the House of Representatives (Privileges and Powers) Ordinance, should be revisited.

True, it is impossible to practise parliamentary politics without having patience, decency, honesty, politeness and courtesy but proven abuse of parliamentary privilege runs counter to that practice.

Mark Said – Msida

From the online comments board

If not a seat in Brussels a job at Tumas – Frank Psaila told

A never-ending story where one does not know what or who to believe. One thing is sure, the intertwined relationships politicians have with business people. Not that this is new to me but, at least, now some of this dirt connected to these scum, our political community, is coming to light. – Victor Bonello

‘Malta lacks the will to prosecute those close to power’, no wonder. – Winston Smith

“...unfair attack against persons who give their contribution for political life...” Thanks for the first smile of the day Mr Psaila. – Francis Xavier Darmanin

Adrian Delia should not be allowed to contest the general election unless his name is cleared by the ongoing magisterial inquiry. Bernard Grech should take bold decisions. He is not going to win the election anyway but, at least,  he should put his house in order. – Joe Borg

Corruption among politicians is everywhere. I feel sorry for the very few politicians that are not corrupt! – Ġużeppi Borg

What a bunch of slimeballs. – Stephen Forster

I don’t believe this story... the PN would never come up with these tactics… it is a clean party with a clean background. They have saintly MPs, no back-stabbers, no-one is even close to being corrupt, no liars and, as a minimum, they are holier than the pope. – J. Bianchi

Of course, the hypocrites of Repubblika shrug off this case and other cases close to the PN but, don’t worry, the day of reckoning is close by… – Martin Chetcuti

Adrian Delia and his cohort are tainted. They should not be allowed to contest elections under the PN banner. If not, how can the PN demand cleaner politics? – Deborah Fenech

Letters to the editor should be sent to editor@timesofmalta.com. Please include your full name, address and ID card number. The editor may disclose personal information to any person or entity seeking legal action on the basis of a published letter.