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Parliamentary Committee still sees no agreement over authority responsible for party financing

Kevin Schembri Orland Wednesday, 17 June 2015, 18:12 Last update: about 10 years ago

No agreement has yet been found between the political parties as to who the governing authority on party financing.

The Consideration of Bills Committee was discussing the Financing of Political Parties Bill, and a debate on who would govern the authority saw the PL favour the Electoral Commission and the PN favour a Parliamentary Official.

The point that led to the debate read -  "There shall be a register of political parties to be maintained by the Commission in such form as the Commission may determine".

PN MP Chris Said said that in principle, the PN agree on the register and spoke of his reasons as for why the Electoral Commission should not be the responsible Authority. He said that the Electoral Commission is elected by the parties in Parliament who each have 4 representatives, with a chief appointed by government. He argued that the Electoral Commission is basically elected by the parties.

"We think it should be a Commissioner appointed and removed by a 2/3rds majority of Parliament, and would be a Parliamentary official responding to Parliament, in the same way the Ombudsman and the Auditor General work. If this person doesn't have the trust of political parties then we will see issues from the get-go. How can my mind be at ease when there are 4 persons from the other party with access to sensitive information on my party" he stressed.

Certain information regarding some donations and documents would not be made public through the bill.

Minister Bonnici explained that the Electoral Commission handles elections in Malta. "The Electoral Commission has been around for many years, and it is also established within the constitution. By being the authority responsible, it would hit the ground running. If we want this law to succeed we need an experienced authority that has worked with both parties".

Dr Chris Said mentioned that in law, the Commission is constantly under scrutiny by both parties, however this law requires the handling of sensitive and private information. He said that there have been leaks by the Commission, "so how can we trust them. How can we hit the ground running if we don't trust the Electoral Commission in this regard. The point is that the Authority must be an official nominated by 2/3rds of government".

AD Deputy Chairperson Carmel Cacopardo expressed the same concern about the Electoral Commission, adding that the two parties in Parliament will control all the information of those parties not in Parliament. "I believe this would be discriminatory". He said that during the debate, "they said the idea for the Electoral Commission to be the Authority came from British Law, however the composition of the commission in the UK is different and they are not nominated by the parties. They are nominated by the House of Commons in consultation with the parties, under certain conditions. Such conditions include that persons appointed must not have  formed part of the party".

Also present, Commissioner of Laws Franco Debono stated that the point was discussed while it was still in the white paper stage. "I think that as a people, the Electoral Commission has the trust of the people. Up until today, the Commission has always moved forward".

Dr Beppe Fenech Adami said that the PN is currently in a court case involving the Commission, regarding two Parliamentary Seat. "To give the impression that this Commission is not a topic of debate, even under the previous administration, is wrong. As the regulator of elections it is a controversial entity in itself. It is continually in a controversial situation".

Minister Bonnici said that this clause was taken from the party financing bill taken from the previous legislature and he cannot understand how the PN's stance changed after 2013.

Dr Debono said that "if the argument is made that the Electoral Commission is not the ideal organisation to handle this then we are saying it was not the ideal organisation to handle elections". The PN MPs then disagreed with this statement, with Dr Said saying that the Electoral Commission is under scrutiny by party officials, as it is in the law".

Dr Said reminded everyone of the changes that occurred in the past regarding electoral districts, which changed constantly to favour those in government until the Constitution was changed.

The situation then deteriorated into an accusatory shouting match, with the PN arguing that they do not know how a draft appeal from Court ended in the hands of the PL Deputy Leader and the PL arguing that they cannot understand how information reaches the Shadow Minister of finances.

Godfrey Farrugia said that as far as he knows, in practice, the Electoral Commission has a non-partisan approach. At this point Beppe Fenech Adami told him to look closer.

Continuing, Godfrey Farrugia said that the person chosen would require a body of people who are experts in accounts. As this Commissioner would require a body of people, then couldn't the Electoral Commission include these persons, thus avoiding the need to create a new entity.

Deborah Schembri said that at the end of the day the Electoral Commission has its constitutional aura that is separate from the parties.

The discussion will continue next sitting.

 

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