The Commissioner for Standards in Public Life has dropped an investigation into Opposition leader Alex Borg's comments on generic medicines, citing a significant omission in the Code of Ethics for Members of Parliament that does not explicitly require honesty.

Commissioner Joseph Azzopardi concluded that there were no legal grounds to pursue the complaint, despite concerns raised by national health authorities over the potential impact of misleading statements on public trust in generic medicines.

The investigation was requested in October by the Health Minister, who accused Borg of spreading "very serious misinformation" after the Opposition leader stated that a Nationalist government would ensure the availability of medicines that are "of good quality, not generics." The minister warned that such remarks could have far-reaching and harmful consequences for patients and public health.

Borg's comments prompted a strong reaction from the Malta Medicines Authority and the Superintendence of Public Health, which jointly defended the safety, quality and effectiveness of generic medicines used in state hospitals, stressing that they meet the same regulatory standards as branded alternatives.

However, Azzopardi determined that the complaint could not proceed because the ethical framework governing MPs differs from that applying to ministers. While the ministers' code of ethics includes a clear obligation of honesty, the MPs' code does not. This, he wrote, creates a situation in which untrue statements by MPs can only be sanctioned if they breach the broadly worded first article of the code.

"The obligation of honesty is found only in the ministers' code of ethics," Azzopardi noted. "For some inexplicable reason, this obligation was not included in the code of ethics for Members of Parliament." He added that had the MPs' code been updated in recent years, "the outcome of this complaint could have been different."

The Commissioner acknowledged the concerns of health authorities that careless or inaccurate statements about generic medicines could undermine public confidence. However, he warned that treating every untrue statement as a breach of Article 1 would effectively amount to introducing an honesty requirement that is not expressly provided for in the code.

Azzopardi said he understood the frustration of those who see MPs avoid sanctions due to what he described as "glaring shortcomings" in the ethical framework. Nevertheless, he stressed that the solution lies in reforming the code itself, not in stretching its interpretation or deciding cases on a subjective basis.

Following the ruling, the Nationalist Party said the decision confirmed that there was "no breach, no investigation and no wrongdoing." The party stated that the Commissioner found no basis even to open a formal investigation, adding that, in line with standard procedure, the report was not officially published.

The PN also accused Labour Party media of spreading "fake news," claiming they had selectively quoted from a report that was not made public. It rejected suggestions that the Commissioner had found Borg to have lied, insisting that such claims were contradicted by the report's final considerations.

Reiterating its healthcare stance, the PN said it remained committed to ensuring access to medicines, reducing shortages and lowering prices. It also criticised recent legal notices on medicine registration fees, which it claims will drive up costs, a claim that has been denied by the Health Ministry.

For its part, the Labour Party said the Opposition today admitted that it is happy to spread the fake news, ending up quoting a report of the Commissioner for Standards that exposed its deception. The PN leader was found not guilty of violating the code of ethics on it because to date the code of ethics of parliamentarians does not include the duty to tell the truth.

Its leader is happy to repeat a lie after another with the purpose of deceiving and hoping that it will stick. But in politics moral ethics is much greater and when it comes to people's health it should be taken seriously, the PL said.