For the National Audit Office (NAO) to remain the vibrant and relevant institution of oversight it is meant to be, it must be afforded all the protection necessary to function without any interference whatsoever.
The auditor general is an officer of the House of Representatives, appointed by the President of the Republic acting in accordance with a resolution of parliament supported by the votes of no fewer than two-thirds of its members.
Assaulting, interfering with or resisting an officer of parliament while performing his duties, or as a result of doing his duty, is in violation of the ordinance dealing with the privileges and powers enjoyed by MPs and such officers.
A few days ago, Auditor General Charles Deguara informed the chairman of parliament’s public accounts committee (PAC) that he deemed a letter received from a private company to amount to intimidation and interference.
The issue is about an audit requested by the PAC of a contract St Vincent De Paul Residence had awarded to JCL and MHC Consortium in November 2017.
James Caterers Ltd, the JCL in the consortium, wrote to the NAO last month saying that “in the event that negative or adverse comments are raised with respect to JCL or the consortium prejudicing thereby the final sensitive negotiations currently underway [regarding a separate export contract], JCL will have no option but to hold the NAO and its officers personally responsible for the reputational and material damage which JCL will suffer”.
The auditor general warned the company through his lawyer that he would report the matter to the PAC if the letter was not “unreservedly and promptly withdrawn”.
The JCL’s legal counsel replied saying the letter “was never intended to offend, disturb or, in any way, interfere with the investigative work conducted by the NAO”. But at no point was the original letter withdrawn and the NAO, correctly, duly referred the matter to the PAC, which, in turn, alerted the Speaker who, in a ruling, found a prima facie breach of privilege.
In a book that was published in 2014 to mark the 200th anniversary since the setting up of the NAO and aptly entitled Guardian of the Public Purse, then president Marie-Louise Coleiro Preca had written thus in a message: “We live in an age in which scandals have discredited politics and public administration. Numerous surveys reveal the level of mistrust in which politicians and public officials are held. Scandal and mistrust corrode democratic government.
“Constitutional checks and balances on the power of public officials are necessary but not sufficient to restore the citizen’s trust in those who hold public office. A profound commitment to the common good, a concern for the most vulnerable and unshakeable personal integrity are equally necessary.
“In this matter too, I am glad to say that Malta’s state audit has a praiseworthy record: generations of audit staff, ably led by their auditors general, maintained a fine tradition of ethical public service. Though wary of public controversy, they nonetheless ‘speak truth to power’ whenever the need arises…”
It is, therefore, imperative that the powers that be and all relevant institutions fall like a ton of bricks on those who, for whatever reason, even try to hinder public watchdogs like the NAO in their thankless, unenviable and invaluable work.
The matter is now in the hands of parliament’s privileges committee, which should waste no time in considering this as a clear attempt to intimidate the auditor general and his staff, no ifs or buts.
The message they send should be resounding: beware the NAO and do not mess with the auditor general.