Politicians should keep a social distance from big business, always, not only during a pandemic. This was reportedly stated by George Hyzler, the Commissioner for Standards in Public Life earlier this week during a parliamentary committee sitting, when discussing the contents of his report concluding an investigation of Joseph Muscat, former Prime Minister. Hyzler’s report dealt with the receipt by Joseph Muscat of a gift consisting of three bottles of the premier Bordeaux red wine, Château Pétrus, from Yorgen Fenech, entrepreneur, currently defending himself from the criminal charge of masterminding the assassination of Daphne Caruana Galizia.
Joseph Muscat is not the first politician to receive such compromising gifts. Former Finance Minister Tonio Fenech had accepted a free ride to join a couple of entrepreneurs to watch an Arsenal Champion’s League match in Madrid on a private jet belonging to one of the entrepreneurs. Tonio Fenech, who also received other controversial gifts, was heavily criticised, even though unfortunately there was no Standards Commissioner to investigate back then! He even had the blessing of his boss, the sanctimonious Lawrence Gonzi.
In 2015 we also had the case of former Health Minister Joe Cassar who, it was revealed, had accepted a series of gifts from another controversial business man: Joseph Gaffarena. There was no Commissioner for Standards in Public Life then, but Joe Cassar took the right decision and resigned after publicly accepting that he had committed a serious error of judgement.
When holders of political office accept expensive gifts, they are placing themselves in a position which could easily compromise the public office which they occupy. The seriousness of the compromising situation created increases exponentially if the gift bearer is dependent on the holder of political office for decisions yet to be taken or worse, if he/she has already benefitted from decisions taken.
It is acknowledged that at times the holder of political office may be in a very awkward situation, especially if he is not accustomed to behaving ethically even in minor everyday matters. Ethical behaviour is not a switch-on/switch-off matter dependent on whether one is involved in politics. Holders of political office are under the glare of the public spotlight, which, sooner or later discovers their misdemeanours. Their attitude is however generally a reflection of the unethical behaviour prevalent throughout society: in the professions, in business, in all sectors of everyday life. Our society has developed an attitude that “anything goes”. Consequently, it is no wonder that this is also reflected in those elected to public office!
The Château Pétrus report is just one case which has made it to the headlines. There are undoubtedly countless of other cases of gifts to holders of political office which were the result of specific decisions or else had a material impact on decision-taking. In some cases, the gift bearing borders on corruption. Most of them are however difficult to identify or prove. It is hence imperative that action is taken in respect of the few provable cases.
The Office of the Commissioner for Standards in Public Life is an essential building block of the ethical infrastructure required for the regulation of holders of political office. For this specific reason, it took ages to be implemented with a multitude of excuses continuously piling up in order to justify substantial delays. The reports of the Standards Commissioner will always be controversial. Whilst respecting his judgement he will undoubtedly realise that his considerations will always be subject to scrutiny as at times he appears to be applying excessive self-restraint as he has done in the investigation relative to the recent Muscat Dubai trip.
We are currently riding a steep ethical learning curve. Even the Commissioner for Standards in Public Life himself is on this ethical learning trip at the end of which it may be possible to consign the “anything goes” syndrome to the dustbin of history, even though at times it seems that it may be already too late!
published in The Malta Independent on Sunday : 26 July 2020