[LISTEN] Updated | John Rizzo will sit on anti-corruption commission following Attorney General advice

Listen to Clyde Puli defending PN's choices

Former police commissioner John Rizzo will be the Nationalist Party’s nominee to the Permanent Commission Against Corruption, the government said.

The nomination was accepted this afternoon after the Attorney General advised the government that former holders of public office were eligible to sit on the commission.

Earlier, doubts had been raised in legal quarters over Rizzo’s eligibility given that he served as the head of the Civil Protection Department until 2016.

Janice Chetcuti was deemed ineligible to sit on the ERA board by the Attorney General

Question marks were also raised on the eligibility of Marsaxlokk councillor Janice Chetcuti’s to the board of the Environment Resources Authority, given that the law bars elected officials from being members of the board.

The Attorney General advised that Chetcuti could not be nominated to the post.

In a statement, the government said that the Prime Minister had asked the President to appoint Rizzo to the anti-corruption commission while, asking the Nationalist Party to nominate somebody else to the board.

How the story developed

The law setting up the Permanent Commission Against Corruption prohibits MPs, members of local government authorities and ministers, whether past or present, from being members of the commission. It also prohibits serving public officers.

Rizzo is not a serving public officer because he retired from the Civil Protection Department in 2016 but in what appears to be a legal anomaly, the subsequent section of the law argues that the exclusion - including of public officers - stops being valid if 10 years have elapsed since the individuals would have served as MPs, ministers or public officials.

The anomaly means that Rizzo may be ineligible as a member on the basis that 10 years have not elapsed since his last job as a public officer. The government is seeking legal advice on the matter.

“The government has no issue with Mr Rizzo’s appointment but is seeking legal advice from the Attorney General on the matter to ensure the appointment conforms with the law,” a government spokesperson said.

READ MORE: PN nominates former police commissioner John Rizzo to anti-corruption commission

Opposition leader Adrian Delia nominated Rizzo on Sunday evening after weeks of procrastination. The commission was unable to function as a result.

The commission is composed of a chairman and two members, who are appointed by the President on the advice of the Prime Minister after consulting with the Opposition leader.

Party PN insiders told MaltaToday that PN leader Adrian Delia was warned that the nominations were not possible because the law clearly stated the eligibility of the nominees.

Puli defends Rizzo choice

Meanwhile, PN secretary general Clyde Puli on Monday morning defended Rizzo's choice, saying the party had received legal advice suggesting there should be no problem with the former police commissioner's appointment.

Puli said there were four instances in the past when members of the commission were appointed despite having served as public officials just before their appointment. He insisted legalistic arguments should not stop Rizzo's appointment to the commission. 

However, Puli admitted there might be a problem with Chetcuti's nomination to the ERA board. He said the intention had been for her to resign from the local council but her employment with a government directorate may pose a problem.