Anyone who would like to seriously discuss rule of law in Malta must first compare the situation today with the way it was in March 2013. 

Only then would they be able to pass fair judgment on whether the Labour Party in government has strengthened the rule of law or otherwise.

The Nationalist Party presents itself as the only one bestowed with the moral authority to discuss the subject. However, this could not be further removed from reality, for the Nationalist Party is the least credible of all. 

When the Labour Party was elected in March 2013, there was no Whistleblowers’ Act in place to protect those who uncover wrongdoings. Nowadays, this there is such protection. 

It had to be Joseph Muscat’s leadership that introduced this law.

We did not have a law regulating party financing either. This was certainly not because it was not needed, but rather because the Nationalist Party was never interested in it. It was only after a change in Government that this law came into force, much to the admiration of international organizations such as GRECO.  As irony would have it, the Nationalist Party led by Simon Busuttil disregarded this very law by introducing its ‘ċedoli’ scheme and by pocketing thousands of Euros, courtesy of the DB group, in an agreement that would have the party conjure up false invoices. 

Before Joseph Muscat’s time as Prime Minister, there was a specific timeframe within which a politician would be brought to justice after having engaged in corrupt practices. This is no longer the case. Corruption is no longer protected by time barring and a corrupt politician can be held accountable till the end of his living days. There is no peace of mind for the corrupt. 

Although it is not an exhaustive list, the above are three instances whereby the rule of law is actively being practiced and pursued.

Labour Party can speak in favour of the rule of law, because it has taken tangible action. 

It is a Labour government that chose to deprive itself of absolute power in selecting members of the judiciary. Instead, in order to consider such members, the Prime Minister must now obtain the recommendation of a board of independent members who occupy positions that carry constitutional weight. The Nationalist Party never wanted to absolve itself of such power. Even worse, Simon Busuttil and his companions believe that they have the power to handpick and attack members of the judiciary, or hurl insults at the Court at every given moment. 

In a libel hearing, Jason Azzopardi attacked Magistrate Joanne Vella Cuschieri and went as far as stating that were his case being heard by the other Magistrate in the Gozitan Law Courts (an ex PN candidate) he would have had no objection. It is no wonder that the Constitutional Court replied by saying that party politics should never be projected on to the Law Courts. In another similar case, it was stated that the Law Courts should not be made subject to exercises in selection between on member of the judiciary and another. The court clearly stated that this type of ‘forum shopping’ by the Nationalist Party only leads to abuse within the judiciary process. 

Perhaps one may argue that not enough has been done on the subject. I tend to agree. Parliament currently faces a law on public scrutiny in the appointment of people in public roles and offices. For the first time in Maltese history, the latter will have to answer questions asked by a Parliamentary Committee. This is also the first government in history that presents the Auditor General with a report, explaining all that has been done and all that needs to be done, in response to his observations.  This is what respect towards the rule of law and institutions is like. 

The above examples are a clear indication of the moral authority that the Labour Party may boast of, which puts it in a position to discuss necessary change. The Labour Party also has the electorate’s mandate to be the one to strengthen the rule of law. The latest electoral manifesto has a section dedicated to the concept of a nation that is continuously reinventing itself in a positive manner. There are 21 proposals on how to renew the country, including ways in which institutions may be strengthened and transparency may be increased along with good governance and accountability. This is the plan and it is going to be executed.

 

 

Aleander Balzan is Director of Communications of the Labour Party