Malta has only implemented satisfactorily or dealt with in a satisfactory manner four out of 23 recommendations made by the Council of Europe’s anti-corruption body back in 2019.

In a compliance report published on Thursday, The Group of States against Corruption (GRECO) concluded that Malta has implemented satisfactorily or dealt with in a satisfactory manner just four of the 23 recommendations contained in the Fifth Round Evaluation Report which dated back to 2019.

Ten recommendations have been partly implemented and nine have not been implemented, GRECO said.

This means that GRECO concluded that Malta “is not in sufficient compliance” with the recommendations that were given in 2019 and the organisation said that Malta’s head of delegation must provide a report on the implementation of the outstanding recommendations by 31 December 2024.

Delving into detail, GRECO said that only “modest progress” has been made when it comes to recommendations concerning persons entrusted with top executive functions.

The organisation noted that that the process of transferring the prosecuting functions from the Police to the Attorney General is still ongoing, and that there have been no developments as regards to the implementation an integrity strategy in respect of persons in top executive functions, which GRECO said is “regrettable.”

“A two-year project entitled “Improving the Integrity and Transparency Framework in Malta” launched at the request of the Commissioner for Standards in Public Life and implemented by the OECD since 2021 is expected to generate concrete new initiatives in several areas, such as dissociating the advisory and enforcement functions of the Commissioner, the rules on interaction with lobbyists, effective and proactive checks of asset and interest declarations, and introducing the possibility for the Commissioner to impose proportionate, effective and dissuasive sanctions for violations of integrity rules. However, no new measures have been taken in these areas since the previous Compliance Report,” GRECO wrote in its conclusions.

The organisation continued that on a more positive note, “the authorities continued strengthening the capacity of the competent bodies responsible for integrity oversight, and legislation setting out a framework for managing conflicts of interest and side activities has been adopted, which is to be welcomed.”

“The previously reported analysis of the Freedom of Information Act appears to have been abandoned, and some new measures are now planned in this regard. The introduction of ad-hoc disclosure of conflicts of interest, as well as clear rules regarding the side activities by persons in top executive functions are at a complete standstill. Finally, no new developments are reported regarding the introduction of legislation 22 allowing criminal investigation bodies to seek and use special investigative techniques when investigating corruption offences,” the organisation added.

With regards to law enforcement authorities, GRECO said that further progress has been made since the last Compliance Report in 2022 and recent surveys indicate an increase in public trust towards the police, partly perhaps due to an intensified communication policy by the force with the public.

“While the practical operation of a register of gifts and gratuities and of the Internal Audit Office are encouraging, no new measures have been reported as regards fostering of merit-based career systems, operational independence and political neutrality, and gender balance in the Police Force,” GRECO observed.

GRECO noted that the Police Disciplinary Appeals Board is already operational; however, the human and financial resources allocated to the IPCB, as well as the guarantees of its operational independence still need to be confirmed.

“No progress has been achieved as regards the applicability of objective, fair and transparent criteria in the Police Force, currently limited to initial recruitments and horizontal movements only, thus excluding promotions from its scope. Finally, explicit and strict criteria for the exercise of parallel activities in the Police Force, and more effective protection measures for police officers reporting corruption, in particular, against retaliation, are yet to be introduced,” GRECO said.

GRECO called upon the President of the Statutory Committee to send a letter – with a copy to the Head of delegation of Malta – to the Permanent Representative of Malta to the Council of Europe, drawing attention to the non-compliance with the relevant recommendations and the need to take determined action with a view to achieving tangible progress as soon as possible.

Government reacts

In a statement, the government welcomed the GRECO report, saying that the report noted that "Malta has implemented, or is implementing the majority of recommendations." The government went on to say that "Malta implemented or is implementing 61% of the recommendations."

It said that GRECO evaluations happen on a regular basis for all members of GRECO and the Council of Europe. The report makes recommendations for the country concerned to improve legal and administrative systems in their fight against corruption in the sector that is subject to the evaluation, the government said. "The report noted government reforms in favour of the rule of law and good governance. It also noted progress in the reinforcement of diverse offices like the Ombudsman, the National Audit Office, the Office of the Standards Commissioner and the Internal Audit and Investigations Department, as well as the continued implementation of the National Strategy against Fraud and Corruption," the government said. The government also said the report "satisfactorily noted a record increase in public trust in the police force."