A parliamentary committee has endorsed the findings of an investigation which established that former Prime Minister Joseph Muscat breached the code of ethics by accepting expensive gifts from entrepreneur Yorgen Fenech.

However, a decision on whether to impose any sanctions will only be taken in the next sitting after establishing if Muscat wants to make any submissions.  

The case goes back to February last year when Muscat had thrown a private party at the official summer residence in Girgenti, limits of Siggiewi.

Then in December it transpired that Fenech had donated Muscat three bottles of Pétrus – a premier Bordeaux red wine – costing about €5,800 in all.

Independent candidate Arnold Cassola had asked Commissioner for Standards in Public Life George Hyzler to look into the matter.

Earlier this month the commissioner concluded that by accepting such an expensive gift from an entrepreneur having close commercial relationship with the government, Muscat breached the ministerial code of ethics.

Fenech was one of the directors in the company commissioned by the government to construct the new gas-fired power plant

In line with the law, the case was referred to the Parliamentary Committee for Standards to decide on what course of action to take.

Commissioner Hylzer was summoned to testify during Wednesday’s sitting.

While insisting he had nothing to add to the findings, he refuted claims that he had a potential conflict of interest.

These allegation was leveled by government whip Glen Bedingfield, who had said that Hyzler should have recused himself due to a family link to Fenech's defence team in proceedings related to Daphne Caruana Galizia’s murder.

“My remit was to look exclusively into whether the acceptance of the gift from an entrepreneur to a politician breached the code of ethics,” he insisted.

'Gift was a personal one'

Replying to questions by Opposition MP Carm Mifsud Bonnici, the commissioner said there was no doubt that the gift had been given on a personal level and not to the Maltese state.

He said that the fact that the bottles of wine dated back to the prime minister’s year of birth and those of his two daughters was testament to this.

“The acceptance of a gift from somebody in a position of power who has intimate commercial relations with government was not right,” he insisted.

Hyzler added that a prime minister should be leading by example.

He said that next week he would be presenting parliament with a draft for a new code of ethics, while calling for the establishment of a gifts register.

However, the Standards Commissioner would not say what sanction he would deem  appropriate in this case, saying such matter had to be dealt with by the committee.

Justice Minister Edward Zammit Lewis noted that the breach had been remedied as Muscat was no longer prime minister and the bottles of wine were kept in the state inventory.

Following a lengthy debate, the committee unanimously decided to adopt the findings of the report.

However, there was disagreement on the way forward as Opposition MP Karol Aquilina argued that it would only be fair to invite Muscat to make submissions prior to taking any decisions or impose any sanctions.

The committee adopted the recommendation of the chair, Speaker Anglu Farrugia, who said that Muscat would be given the opportunity to make any submissions he might feel necessary before meeting again for a final decision next month.

By law, if this committee finds the MP guilty of a breach, it may recommend that the House should direct the member to rectify any breach, demand an apology in writing to the committee, demand an apology by way of a personal statement in parliament, demand the repayment of or payment for resources improperly used or recommend that the House take any other measure it may deem fit.