New rules prohibit gifts to state advocate office staff

Staff members at the office providing legal advice to the government are no longer able to accept gifts from third parties under recently updated rules.

The new code of ethics for the office of the state advocate, the government’s main legal advisor, also says all gifts must be declared.

The new rules replace those dating back to 2019, when the state advocate’s office was created as an offshoot of the office of the attorney general.

While the old rules forbade advocates and legal representatives from accepting personal favours and gifts except those of “minimal value”, or gifts given on occasions such as an anniversary or retirement, they did not mention third parties.

The new regulations covering all employees, however, have been broadened to include those from outside the state advocate’s office.

Employees “shall decline gifts or personal favours offered by colleagues or any other external party,” the new rules say.

Staff members “shall exercise caution and avoid accepting anything that could reasonably be perceived as influencing their professional judgement or creating an obligation... All gifts and personal favours shall be declared and registered”.

The new code of ethics for the state advocate’s office was published recently in the Government Gazette with the approval of then justice minister Jonathan Attard. Following Wednesday’s reshuffle, the post is now filled by former education minister Clifton Grima.

The old guidelines required staff to carry out their work objectively.

Employees now have a “responsibility” to report any suspected breaches of the code of ethics, “unethical conduct, illegal activities or wrongdoing”

Whistleblowing

Rules governing conflicts of interest have also seen changes.

While the original rules said advocates or legal representatives should not be involved in litigation if they, a spouse or close relative had an interest in the outcome, or if their involvement might suggest impartiality, the new rules are broader.

All employees should avoid conflicts of interest and avoid bias. Conflicts of interest should also be declared.

Lawyers, meanwhile, “have a specific and stringent duty to identify, disclose and manage conflicts of interest”, the new code of ethics lays down, noting the requirement extends to conflicts of interest between different government entities.

Whistleblowing guidelines have also been introduced; employees now have a “responsibility” to report any suspected breaches of the code of ethics, “unethical conduct, illegal activities or wrongdoing”.

Whistleblowers should be protected from retaliation when reports are made in good faith, the rules say.

While the updated code of ethics broadly represents a more detailed approach – featuring more granular rules in some instances, as in the case of gifts, and new features, in the case of whistleblowing – it maintains a focus on professional conduct outlined in the original code of ethics.

All employees “shall act with honesty, integrity and truthfulness in all their professional dealings and communications. Staff shall not engage in any form of fraud, misrepresentation, or deception”.

The justice ministry said the changes were part of the Council of Europe-led Project 23MT01, supported by the European Commission, which had seen the state advocate’s office develop “several standard operating procedures… including an updated code of ethics”.

The revised code was designed to bring the office in line with the latest provisions adopted across public administration, “reflects recent developments and draws on past experiences to ensure greater transparency and accountability”.