EU

(All that) Bull in a China shop

allbull_akkuzaThis must be the year of the bull. I know it isn’t (it’s the year of the horse and there’s no bull in the Chinese zodiac) but there’s so much bull in the year that it’s hard to miss it. Only the other day Malta’s ex-Commissioner to the EU now turned “I’ll never bend over to the Europeans” repeatedly referred to a Dr BS in one of his apologias to the world. Must be the summer sun.

Anyways. Today’s Times of Malta reports a government spokesman as saying that Malta’s newly signed medium-term cooperation agreement with China has “sparked interest from other European countries seeking to tap similar deals”.

Malta will be the first EU country to sign a medium-term cooperation agreement with China when the Prime Minister flies to Beijing on Tuesday. According to the government, the five-year memorandum of understanding announced on Thursday has already sparked interest from other European countries seeking to tap similar deals. “We have been approached by four other European countries asking what this deal will entail to see how they can follow suit,” a government spokesman said when contacted. (Times of Malta)

The ambiguity of the phrase regarding interest is such as to raise a couple of questions. First of all, the minor detail, I believe that it is safe to assume that for once the government’s spokesman remembered we are part of Europe and therefore the “other” in that phrase means “other than Malta” (the alternative interpretation would be a sad condemnation on government spokesman’s geographical proficiency).

The second bit of ambiguity concerns the deal that is being asked about. Are other European countries interested in the same kind of agreement with Malta? Or are they genuinely asking Konrad Mizzi and co. for advice on how to deal with China? Both alternatives stink of stercus taurinum. The first alternative (European countries inquiring about a possible cooperation agreement with Malta) tends to ignore the fact that we are currently very strongly partnered with 27 member states of the European Union. Are these extra-EU European states? All four of them? Highly unlikely.

So chances are that the government spokesman was actually referring to the second option, namely that Malta’s government was being asked for advice on how to clinch great deals with the Chinese. Which is interesting and also stinks of bovine excrement. The statement implies that the poor European states (all four of them) are living in a sort of Martian isolation from the rest of the world and had hitherto never made contact with the Chinese empire beyond the cave. In this day and age when the Republic of Ghana has the remnimbi in circulation alongside the national currency it is hard to believe that there are European countries (presumably members of the European Union) that need the Labour government’s assistance in establishing ties with China.

Or maybe (just maybe, as Louis CK would say) they need to find out how Labour pulled off a very particular kind of relationship with the Chinese. The kind of agreement that makes use of the public good in order to pay off an inordinate amount of IOUs and commitments that were made BEFORE it was even a government. THAT kind of understanding where the contents of agreements are rarely public but where you can smell certain beneficiaries from a mile away. Who knows there may be Energy Ministers in European countries who have woken up and smelled the coffee and are planning a posting for their companions in far off Shanghai (remunerated by the public purse).

In the end it’s not the deals with China that are a problem. Sure, the whole world is currently rushing to benefit from China’s huge reserves that are waiting to be spent and invested in every corner of the planet. What remains a problem are the clouds hanging on the not too fine line of distinction between Labour as a party (and its favourites) on the one hand and the public assets that are entrusted in the hands of the executive for a good administration in the best interests of us all.

In that department at least I strongly doubt whether Labour has any good lessons to impart to any other nation, let alone European partners.

L-Ewropa ta’ Toni u Fred (II) – In-* Tagħna

Mela Tonio issa sar Kummissarju Ewropew u s-Saħħa għandha prominenza kbira fil-portfoll tiegħu. Id-dagħdiha u skambju ta’ kliem bejn elementi liberali u konservattivi laħqet il-quċċata tal-attiża nhar l-interrogatorju parlamentari tal-kummissarju deżinjat sabiex ftit wara waqqhet fuq fommha meta għadda mill-eżami tal-vot. Tħallu lil ħadd jitnejjek bikom. Il-proċess ta’ skrutinju innifsu kien neċessarju u leġittimu – biss biss a bażi tal-pożizzjonijiet li kien ħa Tonio Borg meta kien għadu politiku f’Malta. Jekk wieħed jinsa għal mument l-ammont kbir ta’ informazzjoni bażwija li iddawret dwar il-konservatiżmu Malti xorta waħda jifdallu ħafna fuq x’hiex jagħrbel dwar Tonio Borg u l-potenzjal tiegħu.

Tonio jirrapreżenta element politiku importanti fil-qofol Malti. Huwa element politiku li inbena tul iż-żmien reazzjonarju demokristjan waqt il-perijodu tal-gvern soċjalista fis-sebgħinijiet. F’dak iż-żmien id-determinazzjoni u viżjoni demokristjana kienet tinvolvi għanijiet ċari li ma jistgħux jiġu sempliċement diminwiti fi kristallizzazzjoni tas-suq ħieles u liberta. Xogħol, ġustizzja, liberta u ftit wara solidarjeta ma kienux għadhom saru il-munita dgħajfa jew “catchwords” li drajna bihom illum. Kienu sisien sodi għal pjan soċjali ġdid wara l-falliment tas-soċjaliżmu a-la-carte Mintoffjan. Kellha tkun soċjeta illi wieħed iħossu kburi li jifforma parti minnha u li jista jaspira għal (kwalita ta) ħajja aħjar.

Tonio kellu sehem f’dak il-moviment. Dak il-moviment wasal biex għaraf ir-rieda (u l-bżonn) ta’ sħubija fil-proġett Ewropew u kien parti fondamentali (iżda mhux unika) sabiex din il-ħolma isseħħ. Post Malta fl-Ewropa, ma’ l-Ewropej. Ma kienx hemm dubju. Issa u mhux imbagħad. Fuq dak ma kienx hemm dubju lanqas. Imma l-ġgant tal-libertajiet qisu tnikker u ddewwed u mal-ewwel ħjiel ta’ diskors usa’, mal-ewwel bżonn ta’ elaborazzjoni tal-għanijiet soċjali sabiex il-“just society” tolqot iktar nies u drittijiet – qisu bħal donnu beża. U kellna l-ewwel trasformazzjoni. Minn ġo Malta imsieħba fl-Ewropa żammejna sod ma “tradizzjonijiet” u “valuri” Maltin mingħajr ma azzardajna inħarsu jekk kellhomx bżonn xi aġġornament.

Il-partit li jridha li xpruna il-poplu fl-Ewropa sar l-istess wieħed li tella barrieri u ħitan biex mhux l-Ewropa kollha tidħol għax mhux kollox jgħodd. Għalhekk Tonio ma ħeliex wisq ħin qabel ma beda jikkwota trattati u eċċezzjonijiet. “Iva” stħajjiltu jgħidilhom, “ħaddanna l-Ewropa imma l-ewwel u qabel kollox inħaddnu l-prinċipji tagħna… erm tiegħi”. Hekk qalilhom fil-fatt. Hemm kompetenzi u kompetenzi u mhux kull ma hu fl-Ewropa se jidħol f’Malta. U din kienet tweġġa aktar minn kull metamorfosi li seta’ kien hemm bejn Tonio ta’ Malta għal Tonio ta’ l-Ewropa.

Tweġġa’ għax kienet ammissjoni fil-miftuħ li l-mod ta’ kif il-ġenerazzjoni reazzjonarja tas-sebgħinijiet qiegħdin jiffaċċaw il-pass li jmiss huwa wieħed difensiv u magħluq. Malta tagħna u timxi bil-pass li rridu aħna. Ma hemmx diskussjoni. Ma hemmx ftuħ għal utopja ta’ djalogu u sinteżi ta’ ideat. Tiftakruha l-Ewropa ta’ Kajjin u Abel? Kajjin u Abel ilhom li telqu… imma minflokhom għandna l-Ewropa ta’ Malta u l-Ewropa l-oħra.

Tonio komdu jiffirma li se joqgħod għal li jgħidulu – anki jekk b’xi mod tmur kontra l-kuxjenza u valuri tiegħu stess. Kellu jiffirma inkella kien jibqagħlu dubju jgħadduħx fil-klabb tal-Ewropej. Eddie Fenech Adami – missier id-demokristjani reazzjonarji tat-tmeninijiet qallu li kieku ma kienx jiffirma. Kien ikun iktar konsistenti Eddie – għallinqas hekk naħsbu aħna. Għax Tonio b’għemilu u b’ħidmietu baqa jsaħħaħ l-inkwiet li għandna. Li verament għandna żewġ “Ewropa” – dik tal-Maltin u dik li Tonio tant ħabrek biex daħal fiha issa.

 

Albanian Rising (Ħadd ieħor)

Dalgħodu qajmuni kmieni il-qtates. Ġew altament jaqaw iqumu mill-fatt illi kelli dritt statutorju nibqa’ rieqed u ngawdi s-siegħa żejda li akkwistajna u ippretendew unanimament illi inqum nitmagħhom bħallikieku il-Ħadd qatt ma eżista u s-siegħa invernali qatt ma tradditilna. Qomt. Tmajthom. Naddaft warajhom kif suppost u wara li aċċertajt ruħi li marti ġewwa Albjuni qiegħdha tħejji għal nofs maratona ta’ dalgħodu u wara li awgurajtilha l-ġirja l-ħienja sajjart iz-zalza “bolognese” bil-lest sabiex f’nofsinhar nintefa għall-att adulteru użwali tal-weekend, ingawdi dak id-disgħin minuta mal-maħbuba quddiem platt pasta twajjeb. Xiħa il-maħbuba imma tgħidx kemm għada ittini pjaċir (Vincere!).

Issa li kollox lest intfajt quddiem il-fuklar modern u bħas-soltu intlaqt kif kien jintefa l-(ex) Kummissarju Dalli …  jiġifieri “in listening mode” u t-telecommando waqa’ fuq France 24 (en francais). Inzertajt dokumentarju dwar l-Albanija. Donnhom waslu. Lejn Diċembru ta’ din is-sena jibdew bis-serjeta’ in-negozjati sabiex jissieħbu fl-Unjoni Ewropea. Donnhom kuntenti. Sitta u tmenin fil-mija tal-popolazzjoni tal-pajjiż ex-Komunista, orfni mhux mifhum ta’ Unjoni li qatt ma sabet ħin għalih, taqbel mas-sħubija.

Li laqatni kienu s-servizzi fid-dokumentarju. Il-pajjiż kien u għadu mifni bil-korruzzjoni u għadu mdardar bl-attivita ta’ l-iprem kriminali bejn il-Balkani u l-iStivale. Diffiċli timmoderniżża meta pajjiżek sar il-kindergarten tal-mafia, indrangheta u kull tip ta’ assoċjazzjoni a delinquere li tista timmaġina. Mindu ħeles mill-mant psewdo-komunista ta’ Hoxa l-poplu Albaniż temtem mhux ftit fil-passi tiegħu lejn id-demokrazija liberali. Ftit minna forsi jiftakru l-ewwel dgħajjes ta’ immigrati li rajna ġejjin lejn xtutna fil-bidu tad-disgħijnijiet. Dak iż-żmien kienu jkun l-Albaniżi jfittxu ħajja ġdida – u allajbierek ma kien ikollna dawk ir-reazzjonijiet moqżieża li saru komuni illum. Niftakar il-ġiżwiti telgġin u neżlin l-Albania u l-operazzjoi SOS Albania – solidarjeta ma’ pajjiż fi bżonn. Ta’ nies fi bżonn.

L-Albania ta’ llum għandha fanatiżmu politiku li jqarreb ma ta’ pajjiżna. Kollox jiġi politiċizzat. Ħalliha li l-partiti kollha (GĦALENIJA) jaqblu ma l-isħubija (m’hawnx ċwieċ hawn) imma kull kwistjoni taqsam il-pajjiż fi tnejn. Waħda mill-ikbar problemi li rajt kienet dik tal-miżbla. F’dawn l-aħħar snin il-gvern kellu idea ġenjali li jimporta ż-żibel ta’ ħaddieħor… pajjiżi membri iddisprati li jżommu ma kriterji stretti li lilna ħelsuna mill-Magħtab sabu mezz kif jesportaw ħmieġhom lil ħaddiehor. L-Italja u l-Greċja huma ħatja ta’ dan id-dumping. L-ironija hi li issa l-Albanija trid tfittex tara x’tagħmel bl-istess żibel biex hi stess tibda issegwi l-istess normi.

Sadattant qed isiru proġetti kbar bħal highways kbar bejn Pristina u Tirana – mibnija minn grupp Turk/Amerikan b’fondi ewropej. Jekk id-diplomazija tippermetti se jaslu sa Belgrad u jibdew joħolqu pontijiet fejn sekli ta’ gwerrer ma kienx irnexxilhom.

L-Albania ta’ Iskander Beg li kienet barriet lit-Torok u kienet għalhekk bastjun tal-insara trid issa tidħol fil-klabb ewropew. Trid tlaħħaq ma’ pajiżi bħal Malta li sa għoxrin sena ilu kienu jilqgħu lill-orfni tagħha. Enver Hoxha u l-ombra tiegħu bilmod ilmod qed jisparixxu. Hoxha ħallha pajjiż għarkubbtejh u b’ mentalita iżolata. L-ewwel pass biex joħorġu minn taħt dellu huma l-isforzi li qed isiru għas-sħubija. La jissieħbu ikunu jridu jżommu il-pass u jiftakru li l-isħubija hija biss l-ewwel pass u mhux il-meta.

L-istorja tgħallimna.

Dalligate… avec du recul – part I (European Lobbying)

I did say yesterday that the (ex) Commissioner Dalli case smacks of the surreal. With a little less than twenty-four hours time for reflection and with a flurry of statements and press conferences to look at (not to mention the early-worm analysis) we can safely conclude that the case is less surreal and more multi-dimensional.

Strange as it was seeing Lou Bondi among the legion of journalists querying the Commission’s move following the OLAF report, it was a fitting reminder of the (at least) dual dimension of this case. Bondi’s questions (and those of a few other journalists who bothered to research the Malta dimension) represented the Maltese interest in the affair. The TVM talk-show host is undeniably partisan (a “renown fact” some would say) in his approach and this element of partisanship was present in the Brussels Q&A. Even from our point of view, watching the events unfold yesterday we could not resist wearing Maltese partisan glasses – whether you formed part of the “we want Dalli to fail (see we told you so)” brigade or the conspiracy theorist “the evil clique has hit him hard” clan. It is inevitable in our Melito-centric way of thinking: this was happening in Brussels because someone in Malta needed it to happen.

But that is not necessarily the case is it? Here’s why.

European Lobbying after Dalligate

I spoke to a few colleagues who have worked closely within and around the lobbying industry in Brussels. Tucked away as I am in the Grand Duchy of Luxembourg I cannot claim to have first hand experience of lobbying (and thank heavens for that since my work depends on not being influenced by outside lobbying  – it IS a court of law you know). Insider information has therefore been crucial to better understand the works.

First there is the business of lobbying. Commissioners meet companies, associations and lobby groups regularly. It is not a hidden fact. You can actually check out a Commissioner’s agenda for such meetings -they are public knowledge. John Dalli has himself shown that he met most of the Tobacco Industry groups in preparation for his next Tobacco Directive in which he has invested much of his time. The trick here is to try to understand and find out exactly how far the Dalli-Zammit connection took this particular type of contact and lobbying. What the journalists were legitimately querying yesterday (particularly to the enigmatic OLAF chief Kessler) was “where is the wrongdoing”?

Industry experts will tell you that lobbying to meet a Commissioner is legit. That a go-between asks for money to set up a meeting “is neither here nor there”. The no-no bit comes when you “trade in influence”. If I understand this correctly it means that the Commissioner and his entourage don’t only deal with access to the Commissioner but also put a price on “changing legislation itself”. Which is where the whole business of proof remains hazy. Kessler told us that the proof was circumstantial and the OLAF report actually concludes that no legislation was influenced while adding that Dalli was aware of the dealings. The emails – the few that have surfaced (one actually) are neither here nor there. What is holding Dalli/Zammit back from publishing all the correspondence with Swedish Match?

An ex-colleague of mine at the Court, now busy on the lecture circuit blogged about Dalligate and its repercussions. Here is what he has to say about Dalli’s position:

These findings of the OLAF do not seem to prima facie warrant Mr Dalli’s resignation and contribute to make its sudden move appear as an overreaction to the questionable behavior of an individual foreign to his office. However, the language chosen by the Commission to convey the findings of the OLAF report is quite ambiguous and opens to speculation: to what extent Mr Dalli knew that he was the object of lobbying by a member of his Maltese entourage? OLAF seems to suggest that he was actually fully aware of this fact. Did he take any action to limit these lobbying efforts? And more importantly: to what extent Dalli’s behavior, even though a inert one, has been such as to breach the duty of integrity to which he was bound under Article 245 TFEU?

These questions cannot be answered easily and without the appropriate proof. In order to build a case for his defence, John Dalli would have to probably do the following:

  • prove that the draft Directive was not influenced by the smokeless tobacco clan (no legislation effected)
  • publish the full exchange of correspondence with any lobby teams (correspondence made in his name and to which he had access)
  • procure a list of witnesses to any meetings that occured
  • show a list of other companies/associations that he met
  • possibly provide a timeline that could show that Swedish Match’s dealings turned sour after a possible rejection.
Until that happens we must bear in mind that lobby relations in Brussels have now shifted to a new paradigm. Dalligate  will have endless repercussions on the lobbying industry in Brussels, because it will mean that a company/association really has to watch out how to approach any Commissioner, how to word emails and more. Meanwhile, the Commissioners and their staff (thousands of them) will have to revise the conditions for meeting industry reps, something which until now has been done, according to industry practitioners with ease and without any stains.Comparisons are being drawn to the “Cash for Access/Lobbygate” scandal in the UK in 1998. (Incidentally it takes quite a desperate bit of research to rely on the impressions of a Daily Mail blogger to gauge impressions abroad on Dalligate -baksheesh? really? Is 1998 really that far back Synon? Rule Brittania fejn jaqbillhom dawn l-iStricklandjani).
On the face of the information that has been made available until now – and barring any prova regina that might still be hiding in the OLAF report – the Commission (and Dalli) seems to have been an easy target for entrapment by an angry lobbyist combined with the presence of an OLAF that is enthusiastic to prove its worth. Dalli and Zammit might be eventually found to be guilty of over-enthusiastically engaging in “cash for access” dealings (not exactly baksheesh Synon) and thus leaving the door wide open for an industry specialist to work it to its advantage. Alberto Alemanno asks a few questions in this respect:
In these circumstances, the sudden resignation of Mr Dalli is somewhat surprising as it is likely to weaken not only his personal position but also that of the EU Commission. While the EU Commission emerges as the looser of this ‘situation’, the prima facie winner seems instead Swedish Match, one of the leader producer of smokefree tobacco products. One may legitimately wonder what has been the exact role played by the company in the birth of the professional relationship between the Maltese entrepreneur and the company. Was Swedish Match a victim or the creator of such a relationship?

Should it turned out that it has been the latter, the trap that Swedish Match seem to have successfully tended to Mr Dalli could turned out to be counterproductive: the benefit it could gain in messing delaying the preparation of the revised directive might be offset by the negative image it gained in originating this scandal. Should instead turned out that Swedish Match was the innocent victim of a fraud (read its yesterday’s press release), nobody will feel very sorry for a company selling tobacco products and willing to hire somebody who was ready to leverage on his personal relationship to steer the outcome of the policy process.

In any event, this episode, although unfortunate for everyone, has the merit to bring to public attention the limits of today’s tobacco control efforts : the lack of an open, evidence-based and non-ideological debate upon the future of tobacco (including snus). My claim is that should such a debate exist neither Swedish Match nor Commissioner Dalli would have fallen victim of the snus’ trap.

 So to conclude part one. Dalligate issue goes far beyond the preoccupations of our navel-gazing island. An important European institution has been rocked by the scandal – the practices of the lobbying industry are bound to be revised and many questions have cropped up that remain as ye unanswered. Prominent among which is the distinct possibility that a lobby group that is sufficiently motivated and irked by a current Commissioner might find a way to use the EU’s own mechanisms to rid itself of an uncomfortable interlocutor.
If this is the case there is much reviewing left to be done.
* J’accuse would like to thanks the persons who under the veil of anonymity provided relevant insight into the world and workings of lobby-groups in Brussels. The next post will focus on the Malta repercussions of Dalligate – from nominating a new Commissioner, to the effect on an electoral campaign to the suspension of Dalli’s “interference” in local politics.

 

Speaking of Heroes

BBC news is reporting that Malta may be objecting to an EU decision to extend sanctions on Libya. As fighting in rebel held territories worsens with heavier attacks by Gaddafi’s forces Malta seems to be shuffling its feet when it notices that the sanctions might hurt its own pocket:

A European Union decision on whether to extend sanctions on Libya is being delayed by objections from Malta. BBC Europe business correspondent Nigel Cassidy understands that Malta fears further sanctions could damage some of its companies. Diplomats from the 27-nation EU bloc are discussing a freeze on dealings with the Libyan Investment Authority. – BBC news

While the local minded connoisseurs of international intrigue might be busy racking their brains trying to link Gaddafi to the Labour party (of course the safety of Libya’s insurgents depends on Labour’s kitty) our representatives in Brussels are hedging on the possibility of some effective action. J’accuse already warned that the façade of our “hero brigade” might melt away faster than butter in the August sun.

What use is it, really, that we tut-tut about financial comptrollers shifting Gaddafi’s money from beach to island when our own government is unable to get in line and squeeze the bastard’s finances dry?

Business I hear you say? It’s not just John Dalli who has those interests is it?

The Devil You Know

Joseph Muscat must be chewing his liver by now. The Libyan Crisis has propelled our Prime Minister back up in the popularity stakes thanks to the wonderful transformation of our island into the Florence Nightingale of the Mediterranean. After the early hesitant pussy-footing Prime Minister Gonzi took a stand in line with the UN, the EU and the major policy-makers of the West. The “neutrality” issue was only bandied about by remnants of the “That 70’s Show” that still tend to appear as uninvited warts in our political constellation.

Thankfully, Muscat’s labour distanced itself from the likes of Reno Calleja but it was already too late. Muscat had dilly-dallied and hedged his bets too far. He had once again proven himself to be a massive FAIL in the statesman department. All the better for Lawrence and his troops who could draw cheques on the well thought international reputation bequeathed by his nationalist predecessors. There is no doubt that on an international level most voters with a thinking head on their necks would prefer the consistency and statesmanship of Lawrence Gonzi any day.

Behind the Scenes

It’s not so airy fairy behind the scenes though is it? We may be passing through a moment when Facebook is full of Maltese of all colours and creeds declaiming their pride to be Maltese and joy to see their nation at the service of humanity and humanitarian activity. As shiploads and planeloads of escapees from Libya entered our air and sea ports we clapped enthusiastically and patted ourselves on the back for a job well done.

David Cameron stopped short of granting a new George Cross to the island (the reference to the first period of assistance by the Maltese was not so cryptic was it?) and US viewers got their umpteenth chance to discover that Malta was an “independent tiny island” in the Mediterranean (so we also got the publicity Joseph had crassly craved for).

But we kept smelling something fishy. For behind the statesmanlike dealing with the crisis there was an incredible volte-face at both a political and popular level. Just think of it. We were watching a boatload of 2,000 workers who had lost their job due to the events in a troubled nation. Few, if anybody, were calling for them to “Go Back to Their Country”. We were suddenly the most hospitable of nations – an oasis of opportunity.

What difference is there, I ask, between a boatload of Eritreans displaced by Civil War and a boatload of Chinese displaced by Civil War? The Chinese are going home I hear you say? Oh so that is what it takes does it? So what you  mean is that so long as we can wash our hands from the responsibility of safeguarding the human life ourselves then we are quite happy to don the nurse’s hat and play the hero. Is that it?

Libya no More

Until a few months ago we have seen boatloads of Sudanese, Eritreans and Somalis heading to our country. All we could think of was “Go Away”. When we panicked and when we could not draw the attention of the international community to our plight (hell, despite all efforts the Swedish foreign minister still finds claims of immigration exodus “an exaggeration”) we turned to those who offered an alternative: Muammar Gaddafi’s Iron Fist (with the connivance of Signor Maroni and the EU Commission).

We were happy to turn the boats back to Libya and then like the proverbial monkeys closed our eyes, ears and mouth as to the consequences. They were another people’s problem. So yes. Until a few months ago we bargained with Colonel Gaddafi of the “pills in Nescafe and Al Qaeda in Benghazi”. We asked the man who paid mercenaries to shoot on his own people, his own blood, his own nation to help us solve the illegal immigrant problem.

We trusted a mad man to provide us with a humanitarian solution. He obliged. Later he would come up with the 5 billion euro blackmail as the lives of thousands of persons became subject to a barter with a Europe that was too busy to care.

Still patting yourself on the back?

 


From OpenDemocracy.org:

EU migration control: made by Gaddafi?

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