Politicians should lead by example. Most of all, politicians should not be above the law, or consider themselves to be as such. The police should treat them like they treat other citizens, and should not be afraid to take action against them. They are common mortals like the rest of us.
Last Thursday, The Malta Independent carried a short press release that was issued by Labour MP Jose Herrera. In it, he said that the depenalisation process, in which certain offences are no longer judged by the courts, should be reconsidered. He said that a number of offences have been depenalised and are today judged by local tribunals.
Dr Herrera said that local tribunals find it hugely difficult to enforce their judgements because they do not have the power to change fines to jail terms. He therefore called for a revision of the situation.
Among the issues Dr Herrera mentioned was smoking in public places. In its report, this newspaper commented that it was rather ironic that this issue was in the list drawn up by Dr Herrera when he himself has been seen regularly – by The Malta Independent journalists and many other people – smoking at the law courts, a public place.
Dr Herrera has not responded to the comment made by this newspaper, which is taken to mean that he has nothing to say about the issue.
Since the implementation of the smoking in public places regulation a few years ago, tens of people have been taken to court and charged with such an offence. Yet Dr Herrera seems to do what he likes at the law courts, and continues to smoke regularly as if no law prohibiting such a practice exists.
Incidentally, the law courts is a public building where there is a strong concentration of policemen, who are duty bound to enforce the law, but seem to be reluctant to take steps against the Labour MP. Each time policemen were approached by a journalist who asked why Dr Herrera is allowed to smoke in the law courts – unlike other people there – arms are opened in a gesture that indicates helplessness.
But this should not be the case. Dr Herrera is a Maltese citizen like the rest of us, and if he disobeys the rules he should pay for his disobedience. He should not think himself as being above the law, because he is not. He should immediately stop the practice of smoking at the law courts – sometimes stubbing out his cigarette before entering one of the halls – and, if he does not, steps should be taken against him, each and every time.
The police are duty bound to proceed against Dr Herrera just as much as they are duty bound to proceed against anyone else who smokes in public places, or breaches any other law. Why are they afraid to take steps against him? Does the police commissioner know that this is happening?
The Labour Party should involve itself in this issue too, because what Dr Herrera is doing is giving the party a bad name. If no action is taken against Dr Herrera, with Labour in opposition, what will happen when Labour is elected to government? If the police do not take action against a Labour MP who openly breaks the law, what kind of action will they take against him when he is named a minister or parliamentary secretary?
The strength of a party is seen in the little things too, and the new way of doing politics that PL leader Joseph Muscat has professed since he took over the reins of the party last June should include the way party top officials and MPs behave. If he has not yet done so, Dr Muscat should be the first to reprimand Dr Herrera and tell him to follow the law to the letter.
The Labour Party often accuses the Nationalists of being arrogant. What Dr Herrera is doing is a form of arrogance too.