An English proverb cautions that there is many a slip twixt cup and lip.
The government welcomed the latest European Commission report on the state of the rule of law, saying it “confirms that, in recent months, the Government of Malta has continued its work in this regard”.
An element of spin in official statements one may expect but, surely, the government realises that, especially in view of what has been emerging from court, what really matters is what is being done rather than what is being said or pledged.
In fact, the “work” it speaks about is, in the main, just talk.
“Deep corruption patterns have been unveiled and have raised a strong public demand for a significantly strengthened capacity to tackle corruption and wider rule of law reforms. A track record of securing convictions in high-level corruption cases is lacking,” the European Commission noted.
The effective implementation of the reforms launched by the government, it continued, “will show the extent to which the recommendations from the Venice Commission and GRECO, in addition to those from the European Commission, have been addressed.”
The government is free to think Brussels is happy with what it is doing. However, those reading the almost daily accounts about a network of corruption engineered, willed, blessed or allowed to operate freely from the highest corridors of powers prefer to understand statements made by the Commission, and others, too, as meaning that the proof of the pudding is in the eating.
The report also notes that Daphne Caruana Galizia’s assassination was widely seen as an attack on freedom of expression and triggered concerns about media freedom and the safety of journalists. “Other areas of concern include the effective independence of the media regulator, as well as legal and online threats to investigative journalists.” Remember all the talk by the previous justice minister who projected himself as the saviour of the free press when he piloted the Media and Defamation Act? It does not seem he changed much.
When it refers to the public inquiry, the Commission unequivocally notes that this has “unveiled deep corruption patterns and raised a strong societal demand for significantly strengthening the capacity to tackle corruption and wider rule of law reform”. This certainly cannot make Brussels too satisfied.
The Freedom of Information Act is another example of a reform that looks good on paper but remains straddled with problems. Journalists, Brussels said, reported instances of having difficulties requesting access to information: “Given the importance of this right [to information], this is of particular concern. The government is currently considering a possible way forward for eliminating the narrow interpretation given to public interest disclosure, in order to respond to GRECO recommendations.” That surely cannot be interpreted as Brussels being happy with the situation on the ground.
The government must move fast to prove in practice it really means what it talks about. The impending assessments by influential entities, like Moneyval and the Venice Commission, as well as the proposed mechanism on rule of law breaches impacting eligibility for EU funds and voting rights further underscore such urgency.
Rather than indulge in self-praise, Prime Minister Robert Abela must ensure that the rot is effectively stopped and the rule of law reigns supreme. He must certainly be aware of the Maltese saying il-ġarra ġejja u sejra fl-aħħar tinkiser (perhaps the closest English equivalent being: if you play with fire you get burnt). If not, he only needs to consult his predecessor and former boss.