Years of controversy end as citizenship-by-merit bill sails through parliament

A bill to introduce a citizenship-by-merit system to replace the controversial golden passports scheme sailed through all stages of the parliamentary process in a single sitting on Wednesday, with no contest. 

The government last week announced that it would be scrapping the golden passport scheme following a ruling by the Court of Justice of the European Union that it was in breach of EU law since acquiring EU citizenship cannot be the result of a commercial transaction.

The bill removes any mention of anything related to the Individual Investor Programme, the formal name of the old scheme. Instead, it broadens an already existing citizenship-by-merit scheme for anyone who provides “exceptional services” and/or “exceptional contributions” to Malta.

The bill also adds “philanthropists and technologists” and removes “investors” from the list of people who can be eligible for citizenship. The other fields eligible for citizenship, which were previously there, include science, research, sports, art and culture, job creation, and entrepreneurship.

Home Affairs Minister Byron Camilleri told the House that this bill ensures that citizenship remains a discretion of the Maltese, while also respecting the court’s decision.

“We are respecting the court’s judgment while also safeguarding our sovereignty,” Camilleri said.

Shadow Minister Darren Carabott asked whether the bill is in line with the court’s judgement and was told in reply that it respects the court’s judgement as it completely removes the IIP.

President should grant citizenship, PN says 

During voting on each clause in the bill in the committee stage, MPs unanimously approved all clauses except for one — Clause Five.

This clause states that the Home Affairs Minister is the one who grants citizenship based on recommendations from a government-appointed agency.

Carabott, speaking on behalf of the Opposition, proposed an amendment requiring the Cabinet to discuss the potential citizenship of any candidate, with recommendations then passed on to the President, who would have the final say on granting citizenship.

"A citizenship-by-merit scheme already exists. We are risking having a situation where there will be citizenships granted by a minister and citizenships granted by the president,” Camilleri said.

He added that the Maltese constitution gives the Home Affairs minister responsibility over citizenship.

He said that this also went against the separation of powers, as the president  should not be forced to make a decision that might put the Office in political controversy.

The Opposition’s amendment did not pass.

The bill was then given a third reading unanimously and only requires the president's signature and publication in the Government Gazette to become law.