Having read the politically charged article ‘An abolished right’ by Tonio Borg, I would beg to differ to his argumentation. As I have already pointed out, we are not trying to prejudice criminal proceedings but, rather, to make the system all the more efficient and effective – the same system that has never been reviewed in 25 years under the leadership of the Nationalist Party in government, of which Borg formed an integral part.
Contrary to what Borg noted regarding Labour administrations appointing ‘blue-eyed boys’, I believe that what he is referring to is the appointment of individuals close to the PN government wherein he played a prominent part. Individuals who had been appointed to authorities and entities and who would have other commercial interests that could conflict with those of the authority or entity.
Notwithstanding this, these same people were the ones who kept on getting tenders, conducting other business and playing musical chairs. Where was Borg at the time?
Such a practice is not acceptable for this administration, which is why steps have been taken to ensure that those who head government authorities and entities are properly remunerated for their work on condition they do not pursue business ventures. This point was also made very clear by the prime minister in his speech on November 1.
What is certain is the fact that I cannot be accused of being complacent when faced with the need to carry out constitutional and institutional reforms. I will not be remembered in history as a politician who spent years giving a service in politics without doing much or too little. I will not be remembered as the home affairs minister who, despite the resignation of a police commissioner in the wake of a sex-scandal in 2001 did not relinquish the slightest bit of discretion in appointing police commissioners.
Having mentioned my esteemed colleague, Deo Debattista, it would be good for Borg to clarify why Debattista had to take this course of action when presenting the Consumer Protection Act.
This was done because the opposition did not agree to alter the Constitution, as he is suggesting today.
Where was Tonio Borg when Franco Debono warned the government of the day that we need legislative reform?- Edward Zammit Lewis
Borg must be made aware of what Moneyval is saying in its report. Mainly, that the “Prevention of Money Laundering and Financing of Terrorism Regulation states that the imposition of administrative penalties does not prejudice the ability of other supervisory authorities or authorities (that would be responsible for the authorisation, licensing, registration and regulation of the granting of a warrant to subject person) to take additional actions as it may deem appropriate”. The Prevention of Money Laundering and Financing of Terrorism Regulation goes on to transpose European directives into our national legislative framework.
One asks Borg where was he when a chief justice appointed months before and a judge were bribed in 2002 and, subsequently, convicted of this crime? How was it that he did not undertake the necessary steps to carry out reforms in the judiciary? Why didn’t he? Even though the evidence for such a need was right under his nose. He also failed to conduct judicial reforms in 2008 when the European Court of Human Rights described the Maltese courts as an “unacceptable, blissful, all-in-the-family jamboree”. This reform process I speak of is the same reform process I have led as minister for justice within nine months.
One also asks, where was Borg when Franco Debono warned the government of the day that we need legislative reform? Back then, Debono had cause for concern, which today we know to have been reasonable. Even so, Borg ignored the sound warning and was more interested in maintaining a politically unstable government in power before 2013.
I remind Borg that it was this Labour government that gave the members of the judiciary the conditions they enjoy today; a pay that is commensurate with the responsibility they shoulder and pension rights that respect their dignity.
‘Melius abundare quam deficere’ (Better too much than too little). I would much rather be remembered in history for having carried out extensive reforms in record time than doing too little in a quarter of a century in politics!
It is now time for the opposition to decide whether they would like to follow the advice of Borg or that of the Moneyval Report.
We have chosen to follow the Moneyval recommendations and we have undertaken all efforts to assert Malta as a serious jurisdiction in the financial services and gaming sectors. We have chosen to do this for the good of our people and the economy.
I expect Bernard Grech to do the right thing and to follow suit by voting in favour of Bill 166.
Edward Zammit Lewis is Minister for Justice.