Labour motion to suspend Justyne Caruana ethics hearing is valid, Speaker rules

Speaker Anglu Farrugia has ruled that a motion by government MPs to suspend an ethics committee hearing on Justyne Caruana ipending court litigation is valid.

Government wanted the parliamentary committee to suspend its hearings until a court challenge by the former minister is settled. Caruana, who resigned last month after the Standards Commissioner found that she breached ethics when awarding a contract to her close friend, is challenging the law that set up the commissioner's office.

A motion presented by Justice Minister Edward Zammit Lewis and Labour Whip Glenn Bedingfield on Tuesday was not voted upon, since Opposition MPs Karol Aquilina and Therese Comodini Cachia asked for the Speaker’s ruling.

The Labour MPs said permanent committees of parliament can regulate themselves, but the Nationalist MPs insisted there are specific dispositions at law that say when such hearings have to be suspended pending court procedures.

Caruana resigned in December after she was found in breach of ethics by gifting her partner Daniel Bogdanovic, a €15,000 contract. She has also filed a constitutional case claiming Standards Commissioner George Hyzler did not give her a fair hearing before finding her guilty of the breach. The case was filed shortly after her resignation.

The former minister’s legal team filed a judicial rotest calling on the Speaker to ensure her right to a fair hearing and due process is respected in upcoming debates on the Standards Commissioner’s report, and that these do not prejudice her constitutional challenge in court.

Opposition members have however insisted on allowing the Standards Commissioner’s testimony to go ahead. The Speaker argued he would be more comfortable knowing that the court application states before proceeding.

Hyzler said he saw no issue with him discussing the investigation, but said it would be uncomfortable to discuss it with a challenge in court. “While Caruana’s constitutional challenge is against the law, she has alleged shortcomings on my end. I do not know where the shortcomings are, and I do not know if these details will be used against me in the case,” Hyzler said.

Following the ruling, government and opposition MPs on the committee can now vote on the motion put forward by the justice minister.