Updated at 5.50pm. Adds statements in Parliament by PN MPs

The State’s anti-corruption body will be given more powers and its autonomy strengthened under a “root and branch” reform being debated in Parliament.

Moving the Bill, Justice Minister Edward Zammit Lewis noted that the reform is meant to give more teeth to the Permanent Commission Against Corruption, set up in 1988. He acknowledged that, throughout these years, the institution failed to establish itself as very few people sought redress through it.

The government is proposing that whenever the commission finds enough grounds indicating acts of corruption, the findings of its report are referred to the Attorney General instead of to the justice minister.

“The existing model makes no sense as the minister does not have the powers to prosecute,” Zammit Lewis pointed out.

Moreover, the Bill also empowers the commission to challenge the Attorney General’s decision if the latter decided there were no grounds to prosecute. Such right, known as the judicial review, will also be granted to the injured party, or the person who lodged the original complaint with the commission.

Another significant change deals with the remit of the commission as the term "act of corruption" will be expanded to include breaches such as abuse of public power, extortion and bribery.

Zammit Lewis said government would have less discretion in the appointment of the three members of this body. It is being proposed that the chairperson will be appointed through a two-thirds parliamentary majority instead of by the Prime Minister. The government and the opposition will nominate the other two members, one each.

“The idea behind this reform is to have clear checks and balances, including on the Attorney General,” the justice minister said.

He added that the Opposition should not object to this Bill given that it was based on the recommendations which had been made by the Nationalist Party.

The Opposition has not pronounced itself yet. However, the existence of an anti-deadlock mechanism to cater for the eventuality that no candidate for the post of chairperson gets the two thirds parliamentary majority might prove problematic. In this case, the nominated candidate would require a simple absolute majority.

This reform is part of 10 Bills on the rule of law which the government aims to enact by the summer recess, which normally starts towards the end of July. The move follows the recommendations made by the group of experts from the Council of Europe, known as the Venice Commission.

PN to vote against

PN MP Edwin Vassallo confirmed the Opposition would be voting against, saying they would be moving amendments to address their concerns.

Vassallo said the government was taking the Venice Commission for a ride as this “half-baked” Bill would not result in any significant changes on the ground. 

“Government is only taking this step because it is being held at gunpoint by the commission,” he added.

PN MP Carm Mifsud Bonnici, said the commission needed more exposure and visibility and better resources to beef up its staff.

He referred to the Whistleblower Act enacted in 2013, which he described as another strong instrument against corruption, seemed to have been forgotten by the government.

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