Years back when I was reading law, while studying the basic precepts of administrative law, I got to know in theory and practice that good governance is one of the hallmarks of a country’s strong credentials for a solid and proper administration. Bad governance is being increasingly regarded as one of the root causes of all evil within our country. Most European bodies and international financial institutions are increasingly basing their aid and loans on the condition that reforms that ensure "good governance" are undertaken.
Simply put "governance" means the process of decision-making and the process by which decisions are implemented or not implemented. Governance can be used in several contexts such as corporate governance, national governance and local governance. Since governance is the process of decision-making and the process by which decisions are implemented, an analysis of governance should focus on the formal and informal actors involved in decision-making and implementing the decisions made and the formal and informal structures that have been set in place to arrive at and implement the decision. Undoubtedly, Government is one of the actors in governance, whether good or bad.
Formal government structures are one means by which decisions are arrived at and implemented. At the national level, informal decision-making structures, such as "kitchen cabinets" or informal advisors may exist. We have experienced something similar in the recent past. One may recall what former finance minister Edward Scicluna had stated way back in August 2020, namely that he had distanced himself from former prime minister Joseph Muscat's government, describing a "kitchen cabinet" of advisors that "bypassed the system". Scicluna went on to add that he was not part of the "inner core", which made decisions and allowed a series of controversial projects to go ahead. That revelation shed more light on the way government was run at the time, how major decisions were taken not by the Cabinet but by a ‘kitchen cabinet’ of lawyers and advisors, and how controversial deals were pushed through without the approval of the competent ministries. Eventually, the VHG deal resulted in one big scandalous undertaking that epitomises what bad governance is all about. Not only, lest we forget, Projects Malta, the body set up within Konrad Mizzi's Ministry without Portfolio to handle the country's major projects such as the power station, was not transparent, and acquiring data from them took a lot of effort.
And that is softening the stance in a wider scenario of other serious bad governance allegations surrounding the Electrogas and AUM issues together with top government officials taking payoffs to help Russian millionaires snag those coveted Maltese passports. Of course, the Panama Papers revelations had already started connecting the dots DCC had started plotting out in her reporting, revealing a web of kickbacks, secret bank accounts and shady contracts that allegedly implicated well-connected Maltese businessmen and senior-level government officials, including top advisors to the country's Prime Minister.
That notwithstanding, prior to the last general election, Prime Minister Abela insisted more than once that we did not have a single case of bad governance while conceding that with regard to certain issues things perhaps might have been done better. To a certain extent, any bad governance indirectly implies that, yes, things could, or, rather, should have been done better or in a totally different manner. Governance does not allow for halfway measures. It is either good or bad. So what characterises those two very important words, ‘good governance’?
Good governance has eight major characteristics. It is participatory, consensus-oriented, accountable, transparent, responsive, effective and efficient, equitable and inclusive and follows the rule of law. It assures that corruption is minimized, the views of minorities are taken into account and that the voices of the most vulnerable in society are heard in decision-making. It should also be responsive to the present and future needs of society. As for transparency, this means that decisions taken and their enforcement are done in a manner that follows rules and regulations. It also means that information is freely available and directly accessible to those who will be affected by such decisions and their enforcement. It also means that enough information is provided and that it is provided in easily understandable forms and media.
The rule of law entails the impartial enforcement of laws requiring an independent judiciary and an impartial and incorruptible police force. It also means that decisions taken by government must be founded on law and that private firms and individuals are protected from arbitrary decisions. Moving on to reliability, this requires governance that is free from distortionary incentives through corruption, nepotism, patronage or capture by narrow private interest groups.
Finally, good governance means that processes and institutions produce results that meet the needs of society while making the best use of resources at their disposal. The concept of efficiency in the context of good governance also covers the sustainable use of natural resources and the protection of the environment.
In the light of a long list of good governance requisites I have outlined above, it should be clear that good governance is an ideal that is difficult to achieve in its totality. Very few countries and societies have come close to achieving good governance in its totality. However, to ensure sustainable human development, any government must work towards this ideal with the aim of making it a reality. We have long been losing trust in governance. I believe the processes of good governance have gone astray. Specifically, there is an erosion of transparency, independence and accountability. The electorate is starved for honest debate and for the good governance that follows from it. Getting back that trust, instilling a sense of hope and belief that good governance and development would be back on track, would be our government’s biggest achievement. I think good governance and good politics can go together.
Dr Mark Said is an advocate