[ANALYSIS] Raising the bar: the next PL leader’s challenge

Ever since the Panama Papers revelations in 2016, good governance was relegated from Labour’s agenda, in what represented a sharp departure from its pre-2013 promise of a second republic based on meritocracy.

Upon election, Labour did honour its pledge to remove prescription for corruption cases and to introduce party financing rules. And, in an indication that the ethical bar had been raised, ministers Emmanuel Mallia and Michael Falzon were forced to resign after falling short of ethical norms.

The lowering of the bar

But the ethical bar was lowered to new depths following Muscat’s incomprehensible decision to retain Konrad Mizzi in his cabinet and Keith Schembri as chief of staff after they were exposed for owning secret companies in Panama.  

In the 2017 general election campaign, “good governance” was the central plank of the Nationalist Opposition in its bid to unseat Muscat, who prided himself on economic success and increased prosperity.

Crippled by a credibility deficit over its own record on governance issues while in office before 2013 - and the focus on Egrant which over-shadowed more evidence based allegations against Schembri - the Opposition was trounced, and both Schembri and Mizzi were reappointed to their respective roles after the election.

Muscat’s reaction to the Daphne Project’s revelations linking 17 Black to his chief of staff’s Panama company, in April 2018, was to call for a mass meeting in Triton Square. This suggests a familiar pattern in which election results, poll ratings and large crowds are repeatedly used to absolve corruption. 

Neither did Muscat show any will to grab the bull by its horn, when, in November 2018, it was revealed that Yorgen Fenech was the owner of 17 Black. By then Muscat was also aware that Fenech was involved in the assassination of Caruana Galizia.  

On the other hand, the election result was a knock-out blow for the Opposition. Even in the PN, there was a growing realisation that the corruption issue was not a vote-winner, and party members proceeded to elect Adrian Delia, despite reports that a Barclays account in Jersey owned by Delia could have been associated with a Soho prostitution racket and used to launder illicit gains.

The depreciation of the Muscat brand

But, in a dramatic change of fortunes, it is the Labour Party, similar to the PN in 2017, which now finds itself choosing a new leader. And while Busuttil was blamed for giving too much importance to the corruption issue, Muscat is now blamed for not taking action on Panamagate three years ago.

And once again it will be party members who will be making the choice in a contest where the influence of the former leader has been curtailed by their respective failures; in Simon Busuttil’s case the devastating election result which left the PN with even less seats than before, and in Muscat’s case, his disgraceful exit following the arrest of Yorgen Fenech and the implication that his chief of staff may have obstructed the course of justice.

For court testimony by pardoned middle-man Melvin Theuma, that Yorgen Fenech was regularly briefed on the progress of the murder investigation allegedly by Keith Schembri himself, suggests that Muscat was either out-smarted and used by his "chief of staff", or was, to some degree, complicit in the obstruction of justice.  

Chris Fearne’s declaration in an interview that he could not vouch for anyone’s innocence (including that of Muscat) in the murder of Daphne Caruana Galizia, or its cover-up, speaks volumes on the depreciation of the Muscat brand.  

Labour deputy leader Chris Fearne (left) and Labour MP Robert Abela (right)

Still Muscat’s refusal to bow down in disgrace by staying on as Prime Minister till the election of a new Labour leader in January, and his eagerness to seek the adulation of the crowds, still raise the question on whether he will still has a say on his succession.

A sober leader for sombre times?

One thing is certain. Labour members will not have a Muscat loyalist on the menu. Although both served under Muscat, one as deputy Prime Minister and the other as his consultant, both are now promising change and are critical with regards to the party’s track record on rule of law issues.  

Sure enough, both face a credibility deficit in view of Labour’s poor record in office. Fearne will also be questioned for not voting against Mizzi in a no-confidence vote presented by the Opposition in 2016. Neither was Abela particularly vocal on the issue before the 2017 election, which saw him elected to parliament.  

Yet both candidates have distanced themselves from Keith Schembri.

Abela was reported to have angrily addressed the Prime Minister during an emergency Cabinet meeting that discussed the possibility of a pardon for Yorgen Fenech, telling him “Dak il-kurnut fottik (that cuckold fucked you)”, with reference to Schembri. He also distinguished himself by rejecting what he described as a “diabolical pact” which would have seen Fearne elected without a contest, on the understanding that Abela and Transport Minister Ian Borg would have been elected deputy leaders.  

On his part, PL leadership contender and deputy PM Chris Fearne was widely recognised, even by the Opposition, as an honest politician. As a minister, he had distanced himself from the Vitals privatisation by immediately asking for an investigation by the Auditor General.

He is now presenting himself as the ‘"no-nonsense" leader who will tackle institutional shortcomings and has taken the extra mile of presenting commitments which include convening a national convention to reform the institutions and the approval by a two-thirds majority of the new police commissioner and attorney general by a two-thirds majority, ironically a proposal first made by civil society activists and the Nationalist Party after the assassination of Daphne Caruana Galizia.

In contrast, while Abela also wants the police commissioner replaced, he wants this to be done through a public call followed by parliamentary grilling, but stops short of seeking the consensus of the opposition.

Fearne has twinned his commitment on good governance with commitments to address social issues ranging from housing to working conditions. In so doing, Fearne may succeed where Busuttil had failed by proving that that good governance is not a middle class caprice but a vital ingredient in achieving social justice.  

Significantly, while Fearne has been keen on addressing a wounded nation by presenting himself as a safe pair of hands in difficult times who is able to reach out to Labour’s critics, Abela remains a dark horse, who seems more keen on winning the hearts of labour members, focusing on how the party has gone astray and how “Labourites” and the party’s traditional working class constituency, have ended up with the wrong end of the stick. Abela has also closed ranks, describing protests calling for Muscat’s resignation as a “provocation.”

But what counts, in the end, is what message is filtering down to the Labour members who will be actually voting. Will they settle for Fearne’s more sober and policy-driven approach to politics, or will they be swayed by Abela’s charm seeing in him the chance to dream big again?  

Weighing on the mood of party members is their assessment of the Muscat years.  Are they willing to endure more austere and sombre times, in which the party will be expected to lead by example, or will they be yearning for a fast return to the sky-high popularity enjoyed by Muscat?

Still Fearne’s major challenge is to live up to expectations. For his favourable perception, even among PN voters, stems from his clean image which stood in sharp contrast with that of the likes of Schembri and Mizzi. The question is; how far will he go in cleaning the stables and will he risk party unity in the process of doing so?

One major dilemma for Fearne is how to reconcile party unity with change. The massive backing among Labour MPs - including a number of Muscat loyalists - who supported his candidature, may return to haunt Fearne in his bid to clean up party and government.

The past as future?

Ironically back in the 2008 leadership contest, it was Robert Abela’s father, George, who commanded greater respect outside the party, mainly thanks to his fall out with Alfred Sant in 1998 and his support for EU membership. Polls showed Abela being more popular with Nationalist voters and Muscat more popular with Labour voters. Now it is Fearne who enjoys the strongest appeal outside the party’s boundaries to the extent that MaltaToday’s poll show 15% of PN voters having a greater trust in Fearne than in Delia.  

Only 4% of PN voters trust Abela more than Delia.  On the other hand Muscat won by generating enthusiasm among party supporters while still being seen as loyal to the party establishment.  

Yet this did not prevent Muscat from reaching out to Nationalist voters after being firmly entrenched as the party’s leader.   

Ironically, Muscat had little qualms in lowering the bar to welcome former Nationalists, some with a shady past, in his movement.  

Labour deputy leader Chris Fearne

Will Fearne or Abela manage to reach out to floaters and non-partisan voters by raising the bar, or are they bound to disappoint by raising expectations of a clean up which will never materialise? 

Labour MP Robert Abela

Good governance pledges

Chris Fearne

1. Police Commissioner and the incoming Public Prosecutor to be appointed and removed with a two-thirds majority vote in Parliament
2. He will convene a national rule of law conference that would include the government, Opposition, political parties, State institutions, and civil society
3. He will abolish post of Chief of Staff in the Office of the Prime Minister
4. He will reform the IIP scheme and replace it with a new programme agreed upon with EU institutions
5. He will increase funding for public institutions, such as the police corps and the FIAU, and will ensure that they can work independently from the government

Robert Abela

1. He will replace Police Commissioner Lawrence Cutajar immediately and issue a public call, with the nomination put forward for scrutiny by Parliament’s public appointment’s committee
2. Abela has hinted that as prime minister he would retain the Home Affairs portfolio under his wing
3. He supports the implementation of a register keeping a record of official meetings of politicians
4. He has referred to the urgent need for institutional reforms, saying that legal background will be instrumental in helping him strengthen public institutions if elected leader.