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EVAL 5 Iceland Adoption: 22 March 2019 Public Publication: 3 April 2019 GrecoEval5Rep(2018)6 FIFTH EVALUATION ROUND Preventing corruption and promoting integrity in central governments (top executive functions) and law enforcement agencies EVALUATION REPORT MALTA Adopted by GRECO at its 82nd Plenary Meeting (Strasbourg, 18-22 March 2019) TABLE OF CONTENTS 1 TABLE OF CONTENTS I. EXECUTIVE SUMMARY ............................................................................................................................. 4 II. INTRODUCTION AND METHODOLOGY ..................................................................................................... 5 III. CONTEXT .................................................................................................................................................. 6 SYSTEM OF GOVERNMENT AND TOP EXECUTIVE FUNCTIONS.............................................................................................. 9 System of government ................................................................................................................................... 9 Persons exercising top executive functions ................................................................................................. 10 Status and remuneration of persons with top executive functions ............................................................. 12 ANTICORRUPTION AND INTEGRITY POLICY, REGULATORY AND INSTITUTIONAL FRAMEWORK .................................................. 13 Dedicated policy for prevention of corruption and promotion of integrity ................................................. 13 Legal and institutional framework .............................................................................................................. 13 Ethical principles and rules of conduct ........................................................................................................ 15 Awareness ................................................................................................................................................... 16 TRANSPARENCY AND OVERSIGHT OF EXECUTIVE ACTIVITIES OF CENTRAL GOVERNMENT ........................................................ 16 Access to information .................................................................................................................................. 16 Transparency of the law-making process and of financial management .................................................... 17 Third parties and lobbyists........................................................................................................................... 18 Control mechanisms .................................................................................................................................... 19 CONFLICTS OF INTEREST .......................................................................................................................................... 21 PROHIBITION OR RESTRICTION OF CERTAIN ACTIVITIES ................................................................................................... 23 Incompatibilities, outside activities and financial interest .......................................................................... 23 Contracts with state authorities .................................................................................................................. 25 Gifts ............................................................................................................................................................. 25 Misuse of public resources ........................................................................................................................... 26 Misuse of confidential information ............................................................................................................. 26 Post-employment restrictions ...................................................................................................................... 27 DECLARATION OF ASSETS, INCOME, LIABILITIES AND INTERESTS ....................................................................................... 27 Declaration requirements ............................................................................................................................ 27 Review mechanisms ..................................................................................................................................... 29 ACCOUNTABILITY AND ENFORCEMENT MECHANISMS .................................................................................................... 30 Criminal proceedings and immunities ......................................................................................................... 30 Non-criminal enforcement mechanisms ...................................................................................................... 34 V. CORRUPTION PREVENTION IN LAW ENFORCEMENT AGENCIES .............................................................. 37 ORGANISATION AND ACCOUNTABILITY OF SELECTED LAW ENFORCEMENT AUTHORITIES ........................................................ 37 Overview of the main law enforcement authority – the Malta Police Force ............................................... 37 Access to information, confidential information and data protection ........................................................ 38 Public trust in law enforcement authorities ................................................................................................ 39 Gender equality ........................................................................................................................................... 39 Trade unions and professional organisations .............................................................................................. 39 ANTI-CORRUPTION AND INTEGRITY POLICY .................................................................................................................. 39 Anti-corruption and integrity policy, mission statements and ethical principles ......................................... 39 Codes of Ethics ............................................................................................................................................. 40 Risk management measures for corruption prone areas ............................................................................ 41 Multiple eyes principle and other internal measures .................................................................................. 42 Handling undercover operations and contacts with informants and witnesses .......................................... 42 Advice, training and awareness ................................................................................................................... 42 RECRUITMENT AND CAREER ..................................................................................................................................... 43 Recruitment and appointment .................................................................................................................... 43 Performance evaluation and promotion to a higher rank, mobility, rotation ............................................. 44 Suspension and dismissal from office .......................................................................................................... 45 Salaries and benefits .................................................................................................................................... 45 CONFLICTS OF INTEREST .......................................................................................................................................... 45 PROHIBITION OR RESTRICTION OF CERTAIN ACTIVITIES ................................................................................................... 46 2 Gifts and hospitality ..................................................................................................................................... 46 Incompatibilities, outside activities and post-employment restrictions ...................................................... 46 Misuse of public resources ........................................................................................................................... 47 Misuse of confidential information ............................................................................................................. 47 Third party contacts ..................................................................................................................................... 47 DECLARATION OF ASSETS, INCOME, LIABILITIES AND INTERESTS ....................................................................................... 47 SUPERVISION AND ENFORCEMENT ............................................................................................................................. 48 Internal oversight and control; External oversight and control ................................................................... 48 Complaints system ....................................................................................................................................... 50 Immunities or other procedural privileges ................................................................................................... 50 Reporting misconduct or crime, whistleblower protection .......................................................................... 50 Statistics .....................................................................................................................................................
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