Coalition building: beyond the arithmetic

It is pretty obvious that the primary – and possibly the only – objective that the Nationalist Party seeks to attain through its proposed coalition is to numerically surpass the Labour Party when the first count votes are tallied after  the forthcoming general election. Should this materialise, it could be a stepping stone on the basis of which, possibly, it could return to office on its own or in coalition.

The rest, that is to say beyond the first count vote tally, is all a necessary evil for the PN.

In contrast, Alternattiva Demokratikas objectives go beyond arithmetic. Alternattiva Demokratika favours a principle-based coalition, ethically driven,  in conscious preference to a pragmatic-based one that is driven exclusively by arithmetic considerations.

A principle-based coalition asks questions and demands answers continuously. The path to be followed to elect the first Green MPs is just as important as the objective itself. This is not simply  a minor inconsequential detail: it is a fundamental difference in approach.

Alternattiva Demokratika is continuously being tempted to discard its principled approach on the basis of a possible satisfactory result being within reach: now is the time, we are told, to join Simon Busuttils coalition in the national interest.  

Alternattiva Demokratika has always given way to the national interest. It is definitely in the national interest to discard (at the earliest possible opportunity) the two-party system that is the cause of the current political mess. In this context, at AD we do not view the PN (or the PL for that matter) as a solution. Both are an intrinsic part of the problem. Even if they are not exactly equivalent, together they are the problem. Parliament has been under the control of the two-party system  without interruption for the past 52 years. This is ultimately responsible for the current state of affairs as, due to its composition, Parliament has been repeatedly unable to hold the government of the day to account.

It is the worst kind of political dishonesty to pretend that the PN is whiter than white when criticising the Labour Partys gross excesses during the past four years. Labour has been capable of creating the current mess because the last PN-led government left behind quasi-toothless institutions, such that, when push came to shove, these institutions were incapable of biting back against abuse in defence of Maltese society: so much for the PNs commitment to good governance.

The PN is also  still haunted by its own gross excesses including:

1) Claudio Grechs incredible declaration on the witness stand in Parliaments Public Accounts Committee that he did not recollect ever meeting George Farrugia during the development of the oil sales scandal, George Farrugia being the mastermind  behind it all.   

2) Beppe Fenech Adamis role in the nominee company behind the Capital One Investment Group/Baltimore Fiduciary Services . In quasi similar circumstances, former Labour Party Treasurer Joe Cordina was forced to resign and was withdrawn as a general election candidate.

3) Mario DeMarcos error of judgement (with Simon Busuttils blessing) in accepting the brief of Silvio Debonos db Group in relation to the provision of advisory legal services on the Groups acquisition from Government of land at Pembroke, currently the site of the Institute for Tourism Studies, and this when his duty a Member of Parliament was to subject the deal to the minutest scrutiny and thereby hold government to account.

4) Toni Bezzinas application for a proposed ODZ Villa at the same time that, together with others, he was drafting an environment policy document on behalf of the PN in which document he proposed that this should henceforth  be prohibited.

5) Simon Busuttils alleged attempt to camouflage political donations as payment for fictitious services by his partys commercial arm, thereby circumventing the Financing of Political Parties Act.

How can the Nationalist Party be credible by declaring itself as the rallying point in favour of good governance and against corruption when it took no serious action to clean up its own ranks? Apologies are a good start but certainly not enough: heads must roll.

A coalition with a PN that closes more than one eye to the above is bound to fail, as the behaviour of the PN and its leadership is clearly and consistently diametrically opposed to its sanctimonious declarations.

These are very serious matters: they need to be suitably and satisfactorily addressed as a pre-condition to the commencement of any coalition talks.  Time is running out and this is being stated even before one proceeds to identify and spell out the red lines – ie the issues that are non-negotiable.

Addressing the arithmetic issues concerning the general election and then ending up with a new government with such an ambivalent attitude to good governance would mean that we are back to the point from which we started.    Nobody in his right mind would want that and Alternattiva Demokratika would certainly not support such double speak.

published in The Malta Independent on Sunday – 16 April 2017

The mess created by Franco Debono

The current controversy as to whether it is appropriate for the Electoral Commission to be the authority overseeing the implementation of the Financing of Political Parties Act was anticipated over three years ago.

As far back as February 2014, Alternattiva Demokratika -the Green Party – in reaction to the White Paper published by the government on the regulation of the financing of political parties, had welcomed the initiative but had also queried the choice of the Electoral Commission as the regulating authority. This position was reiterated by  Alternattiva Demokratika in July 2014 when Minister Owen Bonnici and his advisor Franco Debono presented the finalised Bill.

Alternattiva Demokratika has consistently insisted on the identification of an acceptable alternative to the Electoral Commission as the regulating authority. This alternative was identified when the Parliamentary Select Committee on Standards in Public Life agreed to the setting-up of the post of a Commissioner for Standards in Public Life and on the 24 March 2014 concluded its workings by finalising a Bill for the purpose. This Bill was approved by Parliament on 22 March 2017 and, hopefully, its implementation process will start soon. The Commissioner for Standards in Public Life is to be appointed by – and requires the consent of a two-thirds majority in Parliament. This ensures that the appointee will be acceptable to everyone.

Alternattiva Demokratika’s position was subsequently adopted by the Nationalist Party, which  presented various amendments to the proposed legislation on party financing at the Parliamentary Committee stage. On behalf of Alternattiva Demokratika, I participated actively in this debate, even in the Parliamentary Committee dealing with Bills, and can attest that Government and its advisors consistently opposed the replacement of the Electoral Commission as the regulatory authority of choice.

The author of the basic draft of the Financing of Political Parties Bill, former MP Franco Debono, emphasised that he had modelled his proposal on UK legislation. He refused to consider, at any time, that the basic mechanics that determine the composition of the Maltese Electoral Commission clearly show that his proposal was a non-starter. He even refused to consider that the situation in the UK is completely different, in view of the fact that there is a long-standing tradition of appointing a truly independent Electoral Commission, so much so that very recently the said Commission, after a thorough investigation, fined the Conservative Party the maximum fine permissible at law for proven irregularities in party financial reporting!

In a document published by Alternattiva Demokratika way back in July 2014 to explain its position on the Financing of Political Parties Bill, it was stated that:  “ ……. the manner in which the Electoral Commission is composed, half appointed by Government with the other half appointed by the Opposition (and a Government appointed chairman) places the two parliamentary parties in such a position that they directly control the whole proposed process.”

The fact that the Electoral Commission is a constitutional authority already entrusted with specific duties spelled out in the Constitution is not a valid argument which can in any way justify its selection as the regulatory authority for political party financing. It has to be borne in mind that the only reason why the Electoral Commission carries out its electoral duties adequately is due to the detailed and entrenched legislation which regulates the electoral process, which legislation is so tightly drawn up that it leaves very little, if any, space for political manoeuvring.

The Electoral Commission currently has three complaints on its agenda which point to three infringements of the political party financing legislation. The Labour Party, primarily on the basis of statements by the db Group as well as reports in the press, is insisting that it has proof that the Nationalist Party is circumventing the regulations on political donations by camouflaging them as payment for fake services. The way forward is to have the matter thoroughly investigated. Unfortunately, due to its composition, the Electoral Commission is not and cannot ever be a credible investigating authority.

The PN is thus right to oppose an investigation led by a politically-appointed Electoral Commission and to challenge the matter in Court. Obviously, this may be a convenient way out for the PN, handed to them on a platter by the Labour Government and its advisor Franco Debono.

Alternattiva Demokratika would have preferred it if the law were better drafted without leaving any room for the PN (and possibly Labour too, at a later stage) to wriggle out of its obligations.

This will, however now signify that in these crucial months leading to a general election, the rules regulating party financing will be largely ineffective while the validity of the law is dissected in our Courts of Law.

This is a mess created by Franco Debono who preferred his narcissistic posturing to the identification of reasonable proposals acceptable to all political parties. Whether the government will, at this late stage, seek a reasonable way out is anyone’s guess.

published in The Malta Independent on Sunday – 9 April 2017