Party financing agreement a must

Two days ago we had a Zolabyte by PN MP Franco Debono who continues his quest for the regulation of party financing. Today we bring you a voice from the other side of the house. Labour MP Leo Brincat has been involved in the issue since the Galdes Report on party financing. Here he exposes the pitfalls of the process of regulation and points out what must be solved in order to move on. Is Labour’s Leo right in lamenting that “we are already too late”? (article reproduced with the kind permission of the author).

The article by Nationalist MP Franco Debono on party financing (September 8th) made interesting reading.

The core issue and problem is that, although he seems to believe that this is an urgent matter that needs to be dealt with without any further undue delay, I was never ever convinced of his own party’s commitment to plugging the gap of this democratic deficit.

I write through experience, having had the honour to serve as the Labour Party’s nominee on the ad hoc committee chaired by the late Anthony Galdes, a former civil servant and private sector senior executive of impeccable qualities and standards, that eventually led to the so-called Galdes Report.

There are various aspects that have continued to worry me and haunt me since.

Fifteen years have passed and the Nationalist government that has been at the helm of the country for more than 13 of these years never ever made any serious effort to conclude matters on this issue or legislate on the matter. Hardly ever did it, as a party, make any formal commitment to spell out its intentions on the subject and show it is prepared to go the whole hog to ensure that agreement will be finally reached on this important issue.

On the contrary, the perception the Nationalist Party would prefer to perpetrate the status quo continues to gain ground not only in political but also in commercial and entrepreneurial circles.

There is hardly any point in my colleague Dr Debono lamenting that no significant developments have taken place since 1995 and that no concrete measures have been implemented when there was never any real agreement on the document’s findings itself… something that left the implementation process as dead as a dodo from the word go.

In the run-up to the last election, the PL had committed itself publicly to implement the recommendations of the Galdes Commission on party financing while the general feeling now seems to be that one should take that report as the basis for moving ahead, given the decade and a half that have passed since then.

If one wants proof of the PN’s lack of real commitment on party financing one should scrutinise the fine details and the differences that actually derailed the Galdes Commission.

That the three established parties agree with the principle of transparency in party financing is not enough. As the adage goes, the devil is in the detail and, if my memory serves me well, the proposals put forward by the PN during the formulation of the Galdes report had made it clear they were only after piecemeal solutions that almost defeated the whole purpose of the exercise by ensuring that the parties in question will not optimise the potential benefit of such an accord.

It is interesting to note that, at the time, the commission had been made up of the PL (through yours truly), the PN, Alternattiva Demokratika and Dolores Cristina, who was an independent member and who, to be fair, gave many positive inputs throughout the various discussions we had.

Ironically, both the AD and the only independent member (Ms Cristina) had agreed at the time with the benchmarks proposed by the PL. It was the PN that had stalled the process.

The time is already overdue for such agreement to be reached on such an issue – regardless of whether there is a functioning parliamentary select committee or not – since, by next April, this government will have been in power for three years in this legislature. With elections then fast approaching it is more likely there will be more foot dragging by the government side to reach any form of agreement.

On the other hand, I feel one should also legislate concurrently on the expenditure limits and funding of political candidates too. This, not only to ensure a proper level playing field during election campaigns but also to ensure that certain candidates who might easily find their way to the House (again or for the first time) will not have any strings attached through contributions they received.

The capping of expenditure by political candidates must also be updated and revised upwards to a more realistic level to ensure that the existing laws will not continue to be flagrantly abused of as happens regularly in every election campaign.

In an interview published in another section of the media, Nationalist MP Jeffrey Pullicino Orlando had been reported to have dropped the biggest hint to date that the government may be reconsidering its earlier opposition to the Galdes conclusions (September 26, 2007). Alas, since then, we have not seen any concrete proof of this, no matter how strongly Dr Pullicino Orlando might genuinely feel on the matter.

Now is the time for the three political parties to get real on the whole issue of political party financing.

The PL has already come forward with a 15-point plan on transparency, which many conveniently chose to either ignore, ridicule or downplay.

On the issue of party financing, people expect that, rather than having these parties disagreeing to agree, if they all believe strongly in transparency they should knock into place an agreement on party financing without further delay.

We are in my opinion already far too late.

Website: www.leobrincat.com

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Zolabytes is a rubrique on J’accuse – the name is a nod to the original J’accuser (Emile Zola) and a building block of the digital age (byte). Zolabytes is intended to be a collection of guest contributions in the spirit of discussion that has been promoted by J’accuse on the online Maltese political scene for 5 years.

Opinions expressed in zolabyte contributions are those of the author in question. Opinions appearing on zolabytes do not necessarily reflect the editorial line of J’accuse the blog. Accompanying images selected by J’accuse.
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Feckin' Flights

This one is mainly for the transfrontaliers living outremer. The quest for a “cheap flight” connection to Malta is becoming like a game of “hot & cold”. As Flyunfair and Flimsyjet CEO’s throw darts across the European map selecting airport links to Malta au hazard we can now happily announce that the “cold, cold, cold” has become “tepid”. Flyunfair have a new flight from Eindhoven (Holland). It’s around three hours away from Luxembourg and the flights are Thursdays and Sundays (and yes, the flight back is at 6am so think of it as a Thursday to Saturday trip to Malta for your urgent needs that cannot wait.

Three hours’ drive plus two hours’ leeway before getting on the plane (Flyunfair’s quirky ideas about queueing ppl like animals simply because the flight is “cheap”) and a three hour flight. That’s still eight hours door to airport (MIA). Things, they say, can only get better. Frankfurt airport is the same driving time away (prices slightly more expensive) and a wellplanned flight from Dusseldorf (also around three hours away) could turn out to be cheaper (and more luggage space). The French are still obstinately refusing to make Metz-Nancy airport amenable for international flights (which might just be ok given the penchant of French air traffic controllers to simply sod off and cause absolute chaos for the plane schedule ). Germany has introduced an aviation tax making ALL flights slightly more expensive p.p.

We’re not really after the deal. A well priced (not Luxair style) price from an airport that is a convenient drive away would just be the ticket. Until now the closest airport with relatively normal prices is still Brussels – a good two hours away (not counting possible upsets at the last stage of the car trip on the black hole that is the Ring).  Open market my arse.

Party Financing and Democracy

There’s one MP in the house who has maintained a constant position with regard party financing. In an article appearing in today’s papers Franco Debono reiterates his call for proper regulation of party financing while drawing on international reports that describe how failed regulation leads to “trading in influence”. We publish the article in its entirety here as another Zolabyte with the kind permission of the author. General Franco strikes again!

Some months ago, while being interviewed on public television (Dissett), I had described the issue of political party financing as extremely urgent and a priority. I strongly argued that the issue should be tackled immediately, considering its direct bearing on our country’s democracy. The interviewer had dismissed my claims to urgency, apparently comforted by the fact that the issue was, at the time, being tackled by a parliamentary committee.

Recent events have, since, brought work in that committee to a standstill. Moreover, about 15 years ago and we were, compared to most countries, already late, a report (the Galdes Report, 1995) had been tabled in the House of Representatives but still, to date, nothing has come out of it. Since then, no significant developments have taken place and no concrete measures have been implemented with regard to the issue under discussion.

The issue of party finance is crucial and central to any democracy in this day and age.

As the Council of Europe’s Third European Conference of Specialised Services in the Fight against Corruption, held between September 28-30, 1998, had declared: “…political parties play an essential role in democratic systems.

“Their operation requires appropriate resources while electoral campaigns have become expensive. Faced with increasing expenses, political parties are unable to live only on their members’ fees and have to solicit and accept donations. Trading in influence has, thus, developed. In order to remedy this situation, which is detrimental to the rule of law and democracy, it is necessary to ensure political parties are financed in a wholly transparent manner.”

Political parties are challenged today with complex tasks, including researching and developing relevant and updated policies as well as communicating their message in the best possible manner in order to garner maximum support and win elections. Such tasks necessitate a sound structural organisation and infrastructure, which cannot be put in place and function without adequate financial resources.

The process of securing the necessary funds could lead to abuse. Parties could potentially end up at the mercy of particular donors who may seek to exert control through undue or unlawful influence. Legislation all over the world has been enacted precisely with the aim of averting such jeopardy and limit the dangers to democracy.

Since political parties are not just voluntary organisations accountable solely to their members, but organs of a constitutional nature and relevance, the necessary legislation tackling the most urgent issue of disclosure and public auditing of parties’ finances should be enacted. Strengthening democracy means ensuring political parties are financed in an accountable and transparent manner.

Thus, the Galdes Report, tackles such issues as whether there should be a ceiling on private donations, whether donations exceeding a certain amount should be prohibited and sums exceeding which amount should import a duty of disclosure.

In the United States, disclosure of small amounts by small donors was held by the Supreme Court to potentially seriously infringe on the rights to privacy and association and belief and, thus, one must always strive to strike a balance.

Tackling the issue of eligibility for state financing, linked primarily to the number of votes obtained by a party in the previous general election, the Galdes Report again establishes the requirement of the compulsory publication of financial statements and accounts, as well as disclosure of particular donations, exceeding certain amounts. It proposes strict penalties in cases of default or non-observance, enforced by a regulatory and supervising authority to be established under the same proposed legislation.

The report had, for instance, also tackled the issue of candidates’ expenses during election campaigns, which amount, just under €1,400, 15 years and four elections ago was deemed too low and unrealistic. It was suggested that it should be increased, in addition to proposing a more realistic definition of the relevant period preceding an election. We are still debating this today and nothing concrete has as yet materialised.

This aspect of transparency is important too.

It is time to rethink the structure and internal organisation and set-up of political parties as constitutional vehicles. It is time to think about the relevance of political party stations today. It is a time of great challenges where we must continue to revise and upgrade the constitutional architecture for the future.

As has always happened under successive Nationalist Administrations, we must continue strengthening democracy and this is the next step.

It is time to pass from reports and committees to action and legislation. And we must continue on the good work being done in public broadcasting , upgrading it too.

Dr Debono wrote his doctoral thesis for the law degree on The Constitutional Implications Of Party Organisation And Party Finance (1999).

Website: www.francodebono.info

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Zolabytes is a rubrique on J’accuse – the name is a nod to the original J’accuser (Emile Zola) and a building block of the digital age (byte). Zolabytes is intended to be a collection of guest contributions in the spirit of discussion that has been promoted by J’accuse on the online Maltese political scene for 5 years.

Opinions expressed in zolabyte contributions are those of the author in question. Opinions appearing on zolabytes do not necessarily reflect the editorial line of J’accuse the blog. Accompanying images selected by J’accuse.
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50 minutes with Žižek

We’re hooked (thanks David). This guy is interesting if not anything else. While we are busy booking his tomes from play.com we will continue our vlogging trend with a 50 minute clip with Slavoj Zizek from a Dutch programme called backlight. Find a 50 minute break (lunch?) sit back, listen and react.

Scatology & Ideology

Slovenian philosopher Slavoj Zizek in Liverpool.

Image via Wikipedia

So here it is. Flagged originally by DF on facebook I couldn’t resist posting this short lecture by Slavoj Zizek. His scatological examination of different ideologies is already impressive in its absurd simplicity but just wait for the pubic hair analysis to be absolutely convinced. You will never again flush the toilet in the same way.

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