The Standards Commissioner found that Prime Minister Robert Abela did not breach ethics with comments he had made back in 2023 over the driving licence racket scandal, "even if that opinion could be interpreted as a defence of practices amounting to clientelism."

Momentum Chairperson Arnold Cassola had sought an investigation by the Standards Commissioner into Prime Minister Robert Abela for his statements about people embroiled in the driving test racket scandal. Cassola had quoted from a newspaper report which read: "Robert Abela continued to defend ministers and public officials who helped people get fast-tracked for their driving tests through the back door, on grounds that this is part of the system. 'That is the way the political system works. If anyone is saying this should not apply for this country, I disagree,' the prime minister said, adding that his government helped everyone, including Opposition MPs."

Cassola had alleged that the Prime Minister was defending a corrupt system where Ministers and Labour Party insiders make recommendations and request expedited preferential treatment for those select persons who approach them. This is unethical and may have resulted in unqualified persons being given a licence in a way that imperils other road users and pedestrians, Cassola had said.

The Standards Commissioner, in his report, states that the Prime Minister in the press conference in question had made a distinction between "legitimate" and "illegitimate" aid. "He made it clear that he was only defending the provision of legitimate aid.

The Commissioner said that it is clear from the excerpts from the press conference "that the Prime Minister did not defend the alleged actions that are the subject of criminal court proceedings. It is worth noting here that the criminal charges against those brought to court in connection with the driving tests are broad."

"However, it would be reasonable to ask what kind of 'legitimate' assistance a ministry's customer care department can provide to an applicant for a driving test. If this assistance allows the applicant to skip the queue of those waiting to be called for the test, this would still be irregular, even if the applicant does not receive any help during the test itself," the Commissioner said.

"In this light, the Prime Minister's words could be seen as a defence of clientelism in Malta's public administration, as long as the clientelism does not amount to a violation of criminal law. One expects officials to put an immediate stop to such 'favours' by informing those who approach them that they cannot assist and explaining why."

The Commissioner noted that this case is not about any action taken by the Prime Minister but rather about an opinion he expressed. "In his letter dated November 29, 2023, the Prime Minister warned that this Office should not assume the role of censoring the opinions expressed by Members of Parliament."

The Commissioner quoted from a ruling by the previous Standards Commissioner: "Whilst members of Parliament should express themselves in measured terms, as a general rule it is not for me to censor statements made by them on matters of public interest in the fulfilment of their role as representatives," and said "it would draw my office into the political arena in a manner certainly not intended by the legislator."

The Commissioner said that here the same considerations apply. He said that this is why he does not believe that the Prime Minister should be found guilty of an ethical breach for expressing an opinion, "even if that opinion could be interpreted as a defence of practices amounting to clientelism. As a general rule, more specific reasons should be required for a minister to be found guilty of an ethical breach for expressing an opinion-for example, if they make a factual statement about a matter related to their public role that does not correspond to reality. However, this is not part of the complaint."