The
publication of two draft laws last Thursday (30.9.2010) should serve us as
steps that bring us closer, not push us further apart. The draft law that
introduces the concept of the whistleblower and the Bill that extensively
amends the Permanent Commission Against Corruption Act are the perfect
opportunity for both sides of the House of Representatives to unite on a common
goal.
This
is an opportunity to gain more maturity and let the people know that all sides,
government and opposition, stand firmly against illegality and corruption.
Although there
are those who might think that at such a time, a party may score cheap
political points by accusing the opposing party of wrongdoing such as
corruption, in reality it is only belittling the political class as a whole.
Since
entering politics, I have tried not to fall into the rut of calling members of
the other side corrupt.
First, because I
do not believe any honourable member of the House to be corrupt, but rather the
contrary I feel that I would be corrupting the democratic fabric itself if I
were to call someone corrupt while knowing well that he wasn’t. Second, I
firmly believe that Parliament should always be united against corruption and
that when we enter into futile political quarrels corruption slips away.
Even
though the Opposition might not agree with this because it feels it is losing
one of its battle-cries, it must acknowledge that whoever is corrupt would not
propose legal measures that would convict him, but rather avoid seeing them
through.
I
consider it to be a long-term mistake for a party in opposition to dismiss
these additional measures. A move in the opposite direction by the opposition
would be more beneficial in the current political climate, where more members
of the electorate look at us with a sceptical and critical eye and where
pedestals and sheer respect are being eroded.
I
do not expect praise for these two legal steps through which we are addressing
illegal action and corruption in the private, commercial and public sectors,
but I think it would be a mistake to quarrel when we should both be
contributing to the debate.
We
have done our best to draft laws that answer for the complexity of today’s
developments. The truth is that a number of laws have been enacted in the past
few years that added more checks and balances and these should be brought to
the attention of the public by both sides of the House.
It
would also be a mistake to give the impression through our criticism that these
legal and administrative tools in favour of and at the disposal of the citizen
do not exist.
Should
we do this, we would be strengthening corruption and illegality because the
number of people who see but don’t speak and who want to come forward to blow
the whistle will diminish.
Misinformation
gives an impression that in itself is counterproductive to our cause because
instead of showing that there is a system where whoever commits an act of
corruption will ultimately be punished by the law, it makes one think that
institutions to deal with this do not exist and that no one will ever be
caught.
Now,
particularly with the introduction of the Protection of the Whistleblower Act
draft bill, there will be an instrument for the employee who witnesses an
illegality or irregularity at his workplace to come forward and report it.
This
draft act adds in the transparency, accountability, legality and most of all
the value of work for employees. It adds to this, firstly because he or she
would see changes at the workplace in favour of the environment, working
conditions as well as occupational health; and secondly it would add to the
stability of employment – the job itself – because it would ensure that the
employing company operates according to the law.
This
is truly a unique opportunity for Maltese politics. When one side insults the
other with corruption, let no one believe that there will only be those who
believe that only one side is corrupt.
There
will also be, without fail, speculation and rumour surrounding those who did
the mud slinging. Without futile quarrels and controversy, we should send the
clear message that both sides of the House are united against corruption.
These
draft laws were drawn up with utmost seriousness. I therefore appeal that
instead of dismissing them, we should join to make sure they become good and
direct legal instruments our people and the workforce will feel confident to
use.
* This article was published in the Sunday Times on the 3rd October 2010.