Malta's score on the 2021 Corruption Perceptions Index is 54/100, ranking 49th. The score is generally in decline. Furthermore there's a culture of impunity, a journalist, Daphne Caruana Galizia was murdered (for which a public inquiry held the state responsible) and the country was greylisted by the FATF. There's work to be done.
- Implement recommendations of the Venice Commission.
- Implement recommendations of the European Commission’s Rule of Law report.
- Implement recommendations of the Daphne Caruana Galizia Inquiry Report.
> Introduction of Integrity Pacts
‘’An Integrity Pact is both a signed document and approach to public contracting which commits a contracting authority and bidders to comply with best practice and maximum transparency. A third actor, usually a civil society organisation, monitors the process and commitments made. Monitors commit to maximum transparency and all monitoring reports and results are made available to the public on an ongoing basis.’’ - Transparency International.
- Develop the legal framework to allow Integrity Pacts.
- Adopt Transparency International’s Recommendations on using Integrity Pacts.
- An Integrity Pact is signed for a particular project between the procuring entity undertaking the project, the monitor (Civil Society) and the bidders.
Main Elements of Integrity Pacts
- An undertaking by the procuring entity that its officials will not demand or accept any bribes, gifts or payments of any kind and maintain appropriate disciplinary, civil or criminal sanctions in case of violation.
- A statement by each bidder that it has not paid, and will not pay, any bribes in order to obtain or retain the contract.
- An undertaking by each bidder to disclose all payments made in connection with the contract in question.
- The explicit acceptance by each bidder that the commitments and obligations remain in force for the winning bidder until the contract has been fully executed.
- A set of sanctions for any violation by a bidder of its statements or undertakings.
- A mechanism for dispute resolution.
- The identification of an independent external expert monitor.
Role of the Monitor
- To be totally independent of the procuring entity, and not bound by their directives,
- To be given access to all bidding- and contract-related meetings/documents for screening;
- To supervise the whole bidding/contractor selection process and contract implementation;
- To report immediately any indications of wrongdoing to allow the other party to fix the situation.
- Make Integrity Pacts mandatory for all Private-Public Partnerships.
- For existing Private-Public Partnerships, work toward adding Integrity Pacts.