The Malta Independent 9 May 2025, Friday
View E-Paper

Political conflicts of interest, European ports and parkour

Mark Said Thursday, 13 March 2025, 08:15 Last update: about 3 months ago

In a court judgement delivered in April of last year, a judge recommended the criminalisation of high-level political conflicts of interest whenever such situations are not disclosed beforehand by the official involved.

This followed Yorgen Fenech's lost bid to have lead police investigator Keith Arnaud removed from the Daphne Caruana Galizia murder investigation, with the judge tearing into the institutional failures of the case, citing Keith Schembri's involvement in particular.

ADVERTISEMENT

To date, the government's stance on the court's recommendation remains evasive.

If we are to take this burning issue seriously, then it is high time to make any high-level political conflict of interest a criminal offence.

Indeed, as far back as 1810, the French Napoleonic Code pénal had already made such conflicts of interest situations a criminal offence punishable by imprisonment. The offence also exists where an official can pose within his discretionary powers without breaching his duties, referred to in French as actes justes.

Since then, many countries have criminalised such harmful situations.

In the UK, conflicts of interest situations involving high-profile politicians and officials can be wide-ranging, and serious potential conflicts of interest could be considered 'bribery' under UK law.

The illegal character of the situation consists of the fact that the public official has behaved in such a manner that may, thus, at least be seen to have violated the integrity of the public administration. There must be a strict separation between private interests and public duties, and the former should not influence the latter.

It is indeed only logical that an official who is paid by the state should impartially exercise his duty without any outside influences or personal interests that might interfere in the exercise of the official duties that have been bestowed upon him by the nation. The trust of the public in the government and public administration demands that this kind of situation be criminalised, even though it may not influence the outcome of the use of discretionary powers by officials.

It is obvious that this type of 'backroom' corruption, which is often ascribed to those who are in the 'corridors' of power, although they do not take the decisions themselves, may be at least as corrosive to public trust in democracy and public administration as the classic forms of corruption.

The more the government remains evasive, the more legitimate suspicions will be, as would be attributing ulterior motives to such evasiveness and dragging of feet by the government.

Alliance of European ports

In January of last year, the Alliance of European Ports, a public-private partnership to combat drug trafficking and criminal infiltration in ports across Europe, was launched in Antwerp.

The partnership aims to bring together all stakeholders-member states, port authorities, European associations, EU agencies, customs and police representatives-to find solutions to an endemic problem. The whole idea is to combat drug trafficking and criminal infiltration in ports across Europe.

Europe has a drug problem, and it is getting worse. Malta has the same problem, and here, too, it is getting worse.

Pioneering this effort are six European countries-the Netherlands, France, Spain, Germany, Italy and Belgium-who decided as early as 2021 to join forces and cooperate on the resilience of their port systems.

Unless I missed out on something, I regrettably note that Malta has still not joined forces to cooperate with pan-European authorities regulating port traffic.

We must recognise and subscribe to the urgency of involving all ports because organised crime is adept at moving from one port to another, depending on the opportunities that arise.

Until such time as the ambitious EU customs reform proposed by the European Commission in 2023 is realised, this European port alliance will enable a more efficient exchange of information between customs and law enforcement.

The benefits of parkour

Not long ago, a news report carried a video showing a 17-year-old boy jumping off a fourth-floor balcony onto the roof of another structure metres away at the Jerma Hotel ruins in Marsascala. Safety experts rightly described it as "irrational" and "reckless."

Such activity is referred to as parkour. It started in one of the Bond movies, showed up on The Office and has steadily continued to grow in popularity ever since. The stylish sport is seen as a wild, exciting way to, among other things, both get some exercise and indulge in a little bit of artistic expression.

Parkouring is not an easy sport. On the contrary, it comes with a myriad of safety concerns. As is the case with many similar sports, this requires a serious commitment to both safety and structure.

Yet, with a properly controlled regime, the practice of parkour can be beneficial in helping troubled youth. The competent authorities should consider future projects that incorporate parkour areas into parks and other public spaces.

One area where parkour is often underappreciated, though, is its power as a therapy tool. Many aspects of freerunning can have a hugely positive impact on anyone who partakes in the sport, including youthful participants who are looking to heal from traumatic past experiences.

Parkour offers an alternative that allows them to vent constructively and creatively.

It encourages younger individuals to tackle difficult exercises that can release endorphins. This can naturally help to relieve things like stress and anxiety. This ability to destress while engaged in parkour can work wonders for a child's mental health.

Parkour can provide a healthy outlet for a young, hurt teen or child to overcome past trauma. It gives them a chance to restore their physical health, recover mental calm, connect with others and ultimately feel a deep sense of personal success.

Dr. Mark Said is a lawyer


  • don't miss