Political responsibility


Mallia inquiry

Good governance is clearly going to the dogs. It is not just a case of matters that could have been handled better, as Prime Minister Joseph Muscat stated in the aftermath of the Cafè Premier scandal.

In February 2015 the National Audit Office had underlined notable shortcomings in terms of governance with respect to Joseph Muscat’s government’s failure to involve the Government Property Division in the negotiations to re-acquire Cafè Premier in Valletta.

The purpose of holding inquires, irrespective of their format, is not just to identify those responsible for shortcomings relative to matters under investigation. High on the list of objectives of inquires is the identification and subsequent doing away with administrative practices which are liable to be abused.

The Manwel Mallia inquiry, which was commissioned by the Prime Minister in terms of the Inquires Act, was handled by three former judges and focused on the behaviour of the then Honourable Minister Manwel Mallia. It is pertinent to point out that in their report dated 8 December 2014, the three judges had emphasised that Manwel Mallia had to shoulder ministerial or political responsibility in respect of the behaviour of those persons who he had nominated to a position of trust. Tongue-in-cheek, the panel of judges carrying out the Mallia inquiry had commented that Maltese politicians, when in Opposition, emphasise the need to shoulder political responsibility only to forget all about it when they make it to government.

In fact, in view of the conclusions of that inquiry, former Minister Manwel Mallia, in defiance of the basic rules of good governance, refused to resign from office and was subsequently fired by the Prime Minister – who had no other option at his disposal.

The current Gaffarena scandal may lead to similar considerations. Two politicians are under the spotlight: Joseph Muscat, who, in addition to being Prime Minister is also Minister for Lands, and Michael Falzon, who is the Parliamentary Secretary responsible for Lands. Both have to shoulder political responsibility for the operation of the Government Property Division for which they are jointly politically responsible. Twenty seven months into Labour’s mandate it is not justifiable that they shift the blame onto their predecessors. Labour in government has had sufficient time to carry out basic operational changes, if they considered that these were necessary.

Two inquires are under way. One has been requested by the Opposition and is being carried out by the National Audit Office. The other has been requested by the government and is being carried out by the Internal Audit and Investigation Department.

The two inquires will necessarily overlap but, due to differing terms of reference they should be complimenting each other.

There are too many coincidences in this latest Gaffarena scandal and consequently various issues need to be explained. The Government Property Division seems to have preferred Marco Gaffarena, giving him time to purchase a second portion of the Valletta property before expropriating it, when it could have easily expropriated it directly from the then owners! Likewise, it is clear that someone took the decision to pay Marco Gaffarena partly in kind, by allowing him to select amongst government property that land which suited him most. Who took this decision?  The civil service does not normally take such decisions. This particular decision, in my view, has political fingerprints.

The values attributed to both the expropriated property and to the government properties used to facilitate payment have raised eyebrows. Detailed explanation is required to establish whether there is some computational error or whether there is some other explanation.

Throughout the past week, the press has pointed at a particular member of the private secretariat of Parliamentary Secretary Michael Falzon who, too often, was observed accompanying Marco Gaffarena at the Government Property Division. This person, appointed in a position of trust by the Honourable Michael Falzon, did not reply to questions from the press intended to clarify whether – and to what extent – he opened doors for Gaffarena. In particular, the queries sought to clarify whether he facilitated the pick and choose land deal between the Government Property Division and Marco Gaffarena.

The conclusions of the two investigations should undoubtedly shed light on the decisions taken, as well as on those who facilitated them. The fact that this is the second case concerning the Government Property Division being investigated by the National Audit Office in the space of a few months should ring the alarm bells because, essentially, it signifies that no lessons were learnt from the Cafè Premier debacle.

published in The Malta Independent on Sunday : 14 June 2015

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