Civil society NGO Repubblika has called for Malta to introduce a full-time Parliament and grant the Commissioner for Standards in Public Life greater powers to impose sanctions, following findings that Nationalist MP Joe Giglio breached parliamentary ethics rules by failing to declare a professional interest in legislation that could benefit his clients.

In a statement, Repubblika referred to a report by Standards Commissioner Joseph Azzopardi, who concluded that Giglio had breached the Code of Ethics for Members of Parliament by failing to declare a professional interest in legislation that could provide a direct and substantial benefit to his clients.

The Commissioner considered the breach not to be serious and proposed closing the case if Giglio submitted a written apology and undertook not to repeat the breach.

However, Giglio refused to apologise because he disagreed with the Commissioner's interpretation of the rules, Repubblika said.

Repubblika said it respected the right of individuals to contest findings with which they disagreed, but said the case exposed two structural problems within Malta's parliamentary system that required reform.

The organisation said the first concerned an ethics system in which accountability depended on politicians being willing to acknowledge their mistakes and accept the consequences.

It referred to previous cases, including one involving Prime Minister Robert Abela, in which requests by the Standards Commissioner for an apology had been rejected.

Repubblika said that, within Malta's political culture, even admitting a relatively minor mistake appeared to be regarded as a political defeat that had to be avoided.

Rather than treating the guidance of an independent institution as an opportunity to improve ethical standards, the organisation said the process often developed into a confrontation that ultimately ended up before a parliamentary committee composed of politicians.

It said the country could not continue relying on an ethics system in which accountability depended on the willingness of those found to have breached the rules to accept the consequences.

Repubblika therefore called for amendments to the Standards in Public Life Act to give the Commissioner the authority to impose proportionate and directly enforceable sanctions, at least in cases involving minor breaches of ethical rules.

The organisation said such sanctions should be accompanied by appropriate safeguards, including due process and the right to an independent appeal, but their enforcement should not depend on the consent of the politician concerned or the approval of fellow parliamentarians.

The second issue raised by Repubblika concerned Malta's system of a part-time Parliament and the potential conflicts of interest arising when MPs continue to carry out professional work alongside their parliamentary responsibilities.

The organisation said it recognised the right of every individual, including those accused of serious crimes, to legal representation.

However, it said that when an MP was also a professional receiving payment from clients whose interests could be affected by legislation that the MP was responsible for debating and voting upon, there was a clear risk of conflict between public duty and professional interest.

Repubblika said simply declaring such conflicts was not sufficient and questioned why Malta continued to maintain a parliamentary system that placed MPs in these situations.

It said citizens had the right to expect their elected representatives to dedicate their time, energy and professional loyalty to their constitutional responsibilities.

The organisation added that legislative decisions should be taken in the public interest, without being influenced by potential benefits to MPs themselves, their clients or individuals close to them.

Repubblika therefore reiterated its call for Malta to move towards a full-time Parliament, with MPs receiving appropriate remuneration while being subject to strict restrictions on professional work and commercial interests outside Parliament.

It said the issue was not only how MPs should respond when conflicts of interest arose, but also why the existing system continued to allow such situations to occur so frequently.

The organisation said the findings concerning Giglio should provide an opportunity for institutional reform rather than becoming another partisan confrontation.

It added that the Commissioner's conclusions should be taken seriously regardless of the political affiliation of the MP concerned, while Parliament should ensure that the Commissioner had the necessary powers to carry out his duties effectively.

Repubblika also called for changes that would allow MPs to dedicate themselves fully to public service.

"Malta needs institutions capable of enforcing ethical standards, not merely requesting compliance with them, and a Parliament in which service to the public is the first duty of its members, not a secondary occupation," the organisation said.