MALTA
The head of Malta’s Public Service says he sees nothing wrong with serving Members of Parliament being appointed to jobs on Public Sector boards.
Principal Permanent Secretary, Mario Cutajar (pictured) dismissed arguments that the practice was “fundamentally wrong”, saying legal advice indicated there was nothing in the law that prohibited it.
“When MPs are appointed to positions of trust no breach of the Constitution is being made, no disavowal of the principles of the Constitution is taking place, no laws are being broken, and one cannot say that there is a conflict of interest for the Parliamentary Deputies as so appointed,” Mr Cutajar said.
His assessment, which relied on legal opinions provided by Attorney General, Peter Grech and law professor, Ian Refalo, came in reaction to a report published by Standards Commissioner, George Hyzler.
In June, Dr Hyzler had said that the practice of Government giving backbenchers various jobs and consultancy roles was “fundamentally wrong” and damaged the separation of powers.
He said the practice undermined the Constitution’s principles and also went against the Code of Ethics of Public Employees and Board Members.
Mr Cutajar said that the Constitution provided exemptions for public officials to become MPs and gave Parliament the power to allow them to assume a parliamentary seat.
“From Independence to the present, a number of public entities have been set up which did not prohibit Parliamentary Deputies from serving on their boards,” Mr Cutajar said.
He said Dr Hyzler has failed to distinguish between Public Servants and those appointed to positions of trust, which were temporary in nature.
Mr Cutajar acknowledged the Maltese system had some flaws.
“The country should introduce laws regulating the hiring of persons of trust and evaluate every public entity to see whether it was suitable to appoint MPs to its boards,” he said.
Valetta, 13 November 2019
