Panama Papers | Muscat wants united front on tax sovereignty, Busuttil wants Mizzi’s and Schembri’s heads

Joseph Muscat won’t sack minister and right-hand man unless audits reveal hidden cash • Busuttil accuses Konrad Mizzi of devising set-up to take ‘bribes’

Joseph Muscat is under pressure over energy minister Konrad Mizzi’s offshore company in Panama he set up
Joseph Muscat is under pressure over energy minister Konrad Mizzi’s offshore company in Panama he set up

Prime Minister Joseph Muscat addressed the House of Representatives at 6:30pm on Monday night, to say that he will not be sacking his chief of staff Keith Schembri or energy minister Konrad Mizzi over secret offshore companies they set up in Panama to manage their offshore trusts in New Zealand.

Muscat took comfort in the fact that Mizzi had taken the step to declare his NZ trust, a claim Mizzi repeated in the House as he insisted that he had been truthful about his business affairs.

But Opposition leader Simon Busuttil railed against Mizzi, saying he had been economical with the truth when he did not declare his Panamanian firm, which was only revealed in the Maltese press weeks ahead of the international Panama Papers exposé, by Malta Independent columnist Daphne Caruana Galizia, whose son Matthew Caruana Galizia is one of the members of the International Consortium for Investigative Journalists that led the revolutionary leak of Mossack Fonseca papers.

Panama Papers | Konrad Mizzi faces House of Representatives

While Muscat paid lip service to the ICIJ’s work as a “strong signal in favour of transparency” and said the media played a strong role in making the world a better place, his concern was focused on the effects Panama Papers would have on tax regimes like Malta’s, now under pressure by the European Commission’s plans to spike tax laws that favour BEPS, or ‘base erosion, profit shifting’ by companies seeking lower taxes on profits.

Malta is one country that guarantees up to 85% rebates on tax paid by non-domiciled shareholders on their dividends.

“Malta is not an offshore centre, and our system is EU-approved and in conformity with OECD standards. But the pressure is clear on everyone,” Muscat said, saying thousands of jobs depended on financial services.

“So my first priority is to keep the financial services sector strong... the attack on our tax sovereignty will become stronger, as and when happened during Offshore Leaks, Swiss Leaks and Lux Leaks. The national challenge before us is that partisan games will take us nowhere. Our position should be clear, internationally, that Malta is a transparent jurisdiction.”

Muscat said that the Commissioner of Inland Revenue had requested both the ICIJ and the Panamanian government for information on some 676 companies that were registered in Panama from Malta, which have 59 beneficiaries and a total of 277 shareholders.

“As the ICIJ itself said, it does not mean that anyone who has such a company has broken the law, and there are valid and legal reasons to have a similar structure. The tax commissioner will be reviewing all the cases and investigating as required.”

Muscat insisted that Konrad Mizzi had said the truth on his business affairs, that he was undergoing a tax audit, and that the same audit was being carried out on his chief of staff’s set-up. “As I have said before, if these people have not said the truth, or that there are bank accounts with ‘millions’ hidden in them as alleged by the Opposition leader, they will be sacked.”

Muscat said he was adamant to take a decision only once the investigation is over.

“My regret is that these affairs have stolen the limelight from the achievements of this government, whose social revolution, economic growth and civil liberties are without precedent... a fact commended by The Economist newspaper.”

Reply to statement by Simon Busuttil

Opposition leader Simon Busuttil’s reaction to Muscat’s ministerial statement was that it was “a surreal moment” to have the prime minister talk of transparency and the stability of Malta’s financial services system when both Mizzi and Schembri were the owners of secret companies in Panama.

“Prime Minister: do what is best in the country’s interest. Sack Mizzi and Schembri, in the name of your constitutional oath,” Busuttil said.

The PN leader attacked Mizzi over having been economical with the truth when he first only declared owning a New Zealand trust, but his Panamanian offshore company, Hearnville. And he also raised the suspicion that Mizzi’s trust would receive brokerage fees, saying that this was tantamount to receiving bribes.

“Mizzi and Schembri needed to set up a bank account to receive monies for brokerage fees. When you are a minister and chief of staff and you are accepting any brokerage, this is bribery: what are these brokerage fees for if anything?”

He accused Muscat of evading the media, and said Mizzi lied to the Commissioner of Inland Revenue because by not declaring his foreign trust, and disputed his claims of having just €92 in assets in his offshore company.

“You said you would sack an MP found on the Swissleaks list… so why don’t you do the same on the Panamaleaks? Why haven’t you yet swept Mizzi and Schembri away?” Busuttil said.

He also took issue with Muscat’s call for a unified front to counter the European Commission’s onslaught against tax regimes rewarding profit shifting. “The damage you and your finance ministry have done, with this saga, by not defending the financial services industry, is enormous… you have damaged Malta’s negotiating strength when you will have to face Brussels calling you on to change our financial system and our tax system. How will you defend our country?”

19:00 “The ICIJ provided fair reporting. I collaborated with them and I will keep on giving straight answers throughout. I’m sure that I will be vindicated through this audit.” Matthew Vella
18:59 “The revelations in the ICIJ have confirmed that I said the truth, that the company I bought has never trade, and that it has no money in it; I have never filed or signed any papers setting up a bank account; I did not give any power of attorney to any directors; enquiries were made on a bank account because the company was to trade in the future.” Matthew Vella
18:57 Konrad Mizzi addresses the House. Matthew Vella
18:56 “The Opposition leader is being hysterical about this affair because he is hoping for a general election to take place. If there is someone who promotes secrecy in this House it’s the Opposition leader, who is soliciting loans to circumvent party financing rules by not revealing its donors.” Matthew Vella
18:54 “I promise, and the people know it, that if what Mizzi said was not true, or that the so called ‘millions’ in cash are found [in this audit]… Mizzi will not spend one more minute in this House.” Matthew Vella
18:53 “The Opposition leader should ask his own colleagues of the brokerage fees they received during their time in this House… but my point is clear: I’m the only prime minister to have asked for investigations on allegations and take action on the conclusion of these investigations; I have ordered investigations on people who I count as intimate friends.” Matthew Vella
18:51 Prime Minister delivers his counter-reply. Matthew Vella
18:50 “Prime Minister: do what is best in the country’s interest. Sack Mizzi and Schembri, in the name of your constitutional oath.” Matthew Vella
18:49 “We have also learnt that Mizzi and Schembri needed to set up a bank account to receive monies for brokerage fees. When you are a minister and chief of staff and you are accepting any brokerage, this is bribery: what are these brokerage fees?” Matthew Vella
18:48 “You have been evading the media for the past seven weeks and lying to the people: Mizzi lied to the Commissioner of Inland Revenue because he did not declare his foreign trust; you lied when you said that Mizzi had paid a fine for not declaring it; Mizzi lied to MaltaToday when he declared his trust but not his Panama company; Mizzi lied when he said he had just €92 in this company, who is he kidding?...

“Why haven’t you yet swept Mizzi and Schembri away?”
Matthew Vella
18:46 “You said you would sack an MP found on the Swissleaks list… so why don’t you do the same on the Panamaleaks?” Matthew Vella
18:46 “The damage you and your finance ministry have done, with this saga, by not defending the financial services industry, is enormous… you have damaged Malta’s negotiating strength when you will have to face Brussels calling you on to change our financial system and our tax system. How will you defend our country?” Matthew Vella
18:44 “This is surreal. The prime minister has no shame in addressing this House on transparency, when for weeks he has now that Mizzi and Schembri have had a secret company in Panama.” Matthew Vella
18:44 Opposition leader Simon Busuttil is addressing the House now. Matthew Vella
18:43 “I am saddened by what has been revealed… especially at a time when a newspaper like the Economist has lauded Malta as an example for social democratic governments.” Matthew Vella
18:42 “The version of events as given to me by Mizzi and my chief of staff Keith Schembri is as has already been revealed already; [the difference] is that there no hidden monies have been found.” Matthew Vella
18:41 “From the information given by the ICIJ, everything that Konrad Mizzi said about his set-up was true; a tax audit will still be carried out on his Panama company and his New Zealand trust.” Matthew Vella
18:40 “We know that there are over 670 Maltese-related companies that have been set up in Panama. The full list will be available in May… as the ICIJ says in its own website, not every person who uses this tax regime is doing something illegal. The Commissioner of Inland Revenue in Malta will be making his investigations on each individual case.” Matthew Vella
18:39 “Malta is not an offshore centre… irrespectively of who is mentioned on this list, the pressure will be big on everyone. My priority is to strengthen our financial services industry. Because the impression being given is that anyone who uses our system, or trusts, is using it to avoid tax.” Matthew Vella
18:38 “Malta is not an offshore centre… irrespectively of who is mentioned on this list, the pressure will be big on everyone. My priority is to strengthen our financial services industry. Because the impression being given is that anyone who uses our system, or trusts, is using it to avoid tax.” Matthew Vella
18:37 “This subject requires a mature discussion that should not be hamstrung by partisanship… The ICIJ has sent a strong message in favour of transparency.” Matthew Vella
18:35 Muscat is giving his ministerial statement now. Matthew Vella
18:20 Independent MP Marlene Farrugia, no friend of Muscat, has tweeted news of the Icelandic premier's own troubles back home over his family offshore companies.

Matthew Vella
18:12 The PN leader said that as a minimum the companies were being used as a vehicle for bribery or corruption, saying that "brokerage" for the minister - as specified in the activities of the New Zealand trust owned by Konrad Mizzi - "can only mean bribery and corruption". Matthew Vella
18:11 Busuttil has also said that the Maltese government has weakened its hand in negotiations with the European Commission over the shifting of profits to low-tax regimes like Malta's, by smearing the country's name. Matthew Vella
18:09 Busuttil: "The ball is in Joseph Muscat's court - if he doesn't take action, he should resign and allow Labour to elect a deputy leader from within the party." Matthew Vella
18:08 Busuttil is giving a press conference in the House of Representatives. Matthew Vella
18:08 Opposition leader Simon Busuttil is not excluding a motion of no confidence. Matthew Vella
18:06 Energy minister Konrad Mizzi has resisted giving answers about his intentions to open a bank account in Dubai for a Panamanian firm he acquired to hide his ownership, and which was managed by the trustees of a New Zealand trust he opened at the same time.

Mizzi made his way to the House of Representatives today where journalists waited for him to ask him about his intentions with the Panamanian firm Hearnville Inc, and a bank account in Dubai that was refused to him after the bank in question realised he was a politically exposed person.

“The leaks confirm my version of events, that there are no bank accounts, that there are no millions as alleged. My version of events is entirely correct. I have been honest throughout,” he told the press after his Panama-NZ set-up, handled by the law firm Mossack Fonseca, was confirmed by the Panama Papers revealed across the globe by over a 100 newspapers.

Prime Minister Joseph Muscat is expected to give a ministerial statement in parliament today, while Opposition Simon Busuttil is giving a press conference.

Matthew Vella