TMID Editorial: Better anti-corruption measures are needed
A rule of law report published this week highlighted a number of areas where improvement is definitely needed.While it mentioned areas where improvements have been made, the section dealing with the Anti-Corruption Framework shows that there is so mu
A rule of law report published this week highlighted a number of areas where improvement is definitely needed.
While it mentioned areas where improvements have been made, the section dealing with the Anti-Corruption Framework shows that there is so much that needs to be done.
“The perception among experts and business executives is that the level of corruption in the public sector remains relatively high. In the 2023 Corruption Perceptions Index by Transparency International, Malta scores 51/100 and ranks 22nd in the European Union and 55th globally. This perception has been relatively stable over the past five years. The 2024 Special Eurobarometer on Corruption shows that 95% of respondents consider corruption widespread in Malta (EU average 68%) and 56% of respondents feel personally affected by corruption in their daily lives (EU average 27%).”
How on earth is this acceptable to the government? Surely those in power should be so shocked by these statistics that they would do all they can to show that this is not the case... yet instead the government goes through one scandal following another. Not only that, but in one of the biggest scandals of the past ten years – here we are talking about the hospitals deal scandal – the Prime Minister chose to try and shed a bad light through the statements he was making regarding the inquiring magistrate’s process, rather than acting like a Prime Minister should.
As regards businesses, 71% of companies consider that corruption is widespread (EU average 65%) and 55% consider that corruption is a problem when doing business, the report reads. This is a damning statistic and could deter legitimate and honest companies from wanting to do business in Malta.
The report also highlights that the anti-corruption recommendations issued following the public inquiry into the assassination of journalist Daphne Caruana Galizia have not yet been implemented. What exactly is the government waiting for?
In another point, the report does mention that organisational and legislative measures, including amendments to the criminal code and hiring of additional prosecutors, were adopted in 2023 to improve the capacity of investigative authorities and the Attorney General office. But it also states that while some progress has been made on the recommendation made in the 2023 Rule of Law Report related to the length of investigations of high-level corruption cases, no progress has been made on establishing a robust track record of final judgments.
There is a lot of work to be done here. The authorities have ignored high-level corruption scandals too often in the past. Indeed the high-level prosecutions in the hospitals case are not thanks to the police, but are rather due to the actions of an NGO that brought about a magisterial inquiry.
In terms of ethics, the report states that in October 2023, the OECD adopted a fifth and last report with recommendations on improving the integrity and transparency framework for elected and appointed officials. “These recommendations come in addition to those issued by the OECD for strengthening the office of the Commissioner for Standards in Public Life and the standards in public life act; the codes of ethics for Ministers and members of Parliament; asset and interest declarations; and the lobbying measures. So far, the actions suggested by the OECD have not yet been implemented.” It goes on to state that in 2023 the Government revised some measures applied to high-ranking officials, including to extend conflict of interest rules to cover persons of trust, but “concerns remain as regards the extent of integrity measures applied to them.”
Then there’s whistleblowing. The report also delved into this and states that “new tools for whistleblowing are under preparation, though there is no data available on the functioning of the existing mechanism, and some concerns were raised as regards its effectiveness.”
The existing structures for whistleblowers are inadequate and sorely need improving. It states, for instance, that civil society organisations raised concerns over the lack of acceptance by competent authorities of anonymous reporting.
Then there is also Malta’s investor citizenship scheme, which the report said “continues to raise serious concerns. Investor citizenship schemes present inherent risks of corruption.” This scheme should never have been introduced in the first place due to its risks.
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