The Permanent Commission Against Corruption : an effective Constitutional tool?

Abstract

The Permanent Commission Against Corruption is a government institution entrusted with the investigation of corrupt practices by public employees. Throughout this report, an analysis of this institution will be carried out In recent history, it has failed to successfully execute its mandate, with several hundred cases being investigated and none of them leading to sanctions or prosecution in court. Given the current Maltese placing in the Global Corruption Index, an all-time low of 47th, this lack of prosecution would appear to be testament to the inefficiency of this institution. The powers given to the Commission shall be reviewed, and amendments shall be proposed with the intention of reducing the hindrances imposed upon it and increasing its powers. The Codes of Ethics for public employees, as well as notions of corruption such as conflicts of interest and the receiving of gifts shall be explored and the changes discussed. In addition to this, the effect of the absence of specified sanctions for violation of those Codes of Ethics will be analysed. The competence of other institutions in the fight against corruption, especially relative to the Permanent Commission, as well as ways in which these institutions can come together in order to co-ordinate investigations shall be considered.

What was established in the course of the study were the existing inconsistencies in the dedicated legislation itself which cause impositions on the Commission’s powers. The intention behind the setting up of the Commission was as an investigative body with true autonomy and full impartiality. The reality however, is far removed from this. Too much power is afforded to the Prime Minister, both in terms of the Code of Ethics for Ministers of the Commission’s as well as the Code of Ethics in the Public Administration Act. In addition to the revisions of the law as discussed above, the inefficiency of this institution may be heavily reduced through instruments of co-ordination with other institutions. One can argue that individually, all the necessary tools to combat corruption exist. However, there is a lack of a common framework to bring these tools together. It is proposed that at the head of that new framework would be the Permanent Commission Against Corruption armed with the power of impartiality and complete autonomy.