The Parliament's Standards in Public Life Committee ordered MP Clayton Bartolo to make a personal apology in Parliament, but chose to simply reprimand Clint Camilleri as part of its sanctions after the two were found in breach of ethics over a top-paid consultancy job given to Bartolo's wife Amanda Muscat.
The Committee, made up of government MPs Jonathan Attard and Andy Ellul, as well as PN MPs Ryan Callus and Mark Anthony Sammut, held a sitting on Wednesday morning to decide on which sanctions it will impose on Camilleri and Bartolo.
Camilleri and Bartolo made their submissions to the Committee in writing, and Speaker Anglu Farrugia said the Committee also received a correspondence between Muscat and the Principal Permanent Secretary Tony Sultana, with a bank draft attached to it, refunding the €16,407 difference which Sultana's office calculated.
The whole committee voted in favour of an apology from Bartolo, given the "strong conflict of interest," and it also unanimously approved a reprimand in his regard.
With regard to the position of Camilleri, the government MPs voted in favour of a reprimand while the Opposition MPs wanted a stiffer punishment. The Speaker used his casting vote for a reprimand.
Farrugia said that given Camilleri's submission in having said that he recognized and "bowed his head" to the spirits of the Standards Commissioner report, and in taking into consideration that the amount was returned in its 'totality' according to Sultana, the Speaker voted in favour of Camilleri being reprimanded.
Callus and Sammut voted against a simple 'reprimand' for Camilleri, saying that this was not enough, and voted in favour of Camilleri making a formal apology in Parliament too. The PN also recommended that Parliament recommends a 30-day suspension for the Minister, to which the Speaker voted against.
The committee's debate
The submitted documents by Camilleri and Bartolo, and the correspondence between Muscat and the Principal Permanent Secretary, including the bank draft, were asked to be made public, it was said.
During the discussion, the Speaker also took note of a letter by the Standards Commissioner after the first sitting commenced, which established how the refund should be calculated, and referred Muscat to the People and Standards Division in the Office of the Prime Minister, where the amount was confirmed.
The Standards Commissioner said that the amount must be calculated pro-rata according to the decisive period in which she was employed as a consultant for the Gozo Ministry.
The PN MPs had, during the sitting, presented a motion to the Committee, which proposed that both Camilleri and Bartolo refund all the public funds Muscat received from her employment, that they make an apology in a declaration in Parliament, that Parliament suspends Bartolo and Camilleri for 30 days, and that the Committee urges the Prime Minister to ensure the highest standards, and ask for Camilleri's resignation as a Minister, removing him himself if he refuses - the last of which the Speaker said could not be done as a procedure.
PN MP Callus also asked for the cheque sent to Sultana to not be cashed, as the two PN MPs did not believe the amount which was paid was in its entirety.
Callus made reference to Camilleri's submission to the Committee, which in his view, did not show any remorse or mention of an apology, but rather both said that they had respected the Manual of Procedures, and Camilleri said he is committed to working for the changes needed for this Manual to be updated, as recommended by the Standards Commissioner.
He said it is not true that Camilleri respected the Manual, as it specifies that a consultant role must be granted based on experience and qualifications, which Muscat had none of, and the expertise allowance was only to be given in exceptional circumstances.
PN MP Sammut said that Camilleri's shortcomings were grave, and he called for a total refund from Camilleri for the job he granted Muscat for Bartolo, and which he had no idea of what she was doing. The PN MPs requested this as they could not do so from a private citizen, that is Muscat.
Minister Attard said that the PN's motion is set on a false basis, and pointed out that the procedures of the Standards Committee cannot be changed or extended.
Attard continued that on the contrary, Camilleri spoke "most clearly," showing recognition and respect towards the report, and that he said it was not his intention to commit an ethics breach, and he is committed to increasing diligence.
He said that the amount that was to be refunded was confirmed, and a bank transfer was done. PN MP Callus retorted that there was no doubt for the PN that Camilleri had not made an apology in his written submission.
Frustrations grew as Attard said that the MPs on the other side would obviously say this, as the PN has organised a second protest on Monday calling for Camilleri's resignation.
The two sides of the Committee continued to disagree with each other, with Government MP Ellul saying that the PN motion was not based on the correct facts, and also acknowledged Camilleri's submission.
The Speaker finally rejected the motion due to the basis that the Committee is tied to a procedure by law, and the procedure for a motion is a Parliamentary one which must include a three-days' notice. He said the motion cannot be presented at this stage.
Farrugia then read out the sanctions list when a person is found in breach, in this case of ethics, and the Committee can decide on one or more of the sanctions.
The first is a simple reprimand of the person who was investigated, and the second was to recommend an investigation to the Police Commissioner or the Commissioner for Corruption.
The third was for the Committee to recommend remedies for all breaches, including either an apology in writing to the same Committee, or a declaration in the House.
The fourth sanction is to order a refund of improperly used resources, as well as to recommend that Parliament recommends any other measure it deems necessary.
The Speaker voted against Camilleri having to make a personal apology in Parliament, but voted in favour for Bartolo to do so, personally and not in writing. He also voted against Camilleri having to refund the amount as recommended by the PN MPs, given that the amount was already given back.
Farrugia also voted against Camilleri's suspension from Parliament for 30 days.
The Committee also unanimously voted for Bartolo to be reprimanded. The PN MPs voted against the refund of improperly used resources as a sanction for Bartolo, recognizing that the amount has already been paid back to the Principal Permanent Secretary.
The PN did, however, ask for information on how this was calculated. On Bartolo's suspension for 30-days in Parliament, the PN MPs voted in favour, while government MPs voted against, with the Speaker casting his vote against this sanction.