Muscat already created a dangerous precedent on the removal of regulatory heads – Antonio Ghio
Former Malta Communications Authority Chairman Antonio Ghio has said that it was the current government that set a “dangerous precedent” regarding the removal of heads of regulatory authorities.
While Joseph Muscat is saying that the PN would create a dangerous precedent by getting rid of Joe Bannister if winning the election, PM Joseph Muscat has already created a dangerous precedent by getting rid of him as MCA head, Dr Ghio explained.
Yesterday, PN Leader Simon Busuttil said that a PN-led government will not keep Prof. Joe Bannister as the Malta Financial Services Authority Chairperson. Dr Busuttil said he would not actually need to ask for his resignation as the position, much like many other chairpersons of government authorities, does not have security of tenure and holders of such positions resign after every election.
In response to this, Dr Muscat said that regulators do have security of tenure, and stressed that it is not up to a Prime Minister to replace them. “Even if it’s possible, which I have my doubts, it’s a dangerous precedent.”
Dr Muscat said that when being elected back in 2013, “I had left a number of regulators due to their security of tenure. In truth there was a situation of controversy as we had requested the resignation of the Malta Communications Authority Chairman and the EU had drawn our attention to this. I think that the PN Leader shot from the hip when he said he would remove a regulator.”
The former MCA Chairman, Dr Antonio Ghio, had some words for the Prime Minister, which he also posted on Facebook.
“Until 2013 I served as chairman of the Malta Communications Authority. Exactly after the March 2013 election I was asked to resign. I explicitly stated that this was against applicable Maltese laws and EU directives. Following some weeks, I requested, as was my legal right, an explanation in writing from the new government why I was asked to resign.”
He said that government, in response, told him, “the Maltese government sees that you cannot continue serving in your function as Chairman keeping in mind the change in the country’s administration.”
“This was the first sign that the promise of ‘Tista’ ma’ taqbilx maghna imma tista’ tahdem maghna’ (you might not agree with us but you can work with us) was just a charade.”
Dr Ghio said that the Muscat Government is the “embodiment of such dangerous precedent”.
He attached some documents to his post, regarding correspondence he had sent to the Directorate General for Communications within the EU Commission back in May 2013.
Describing the chronology of events, he had told the EU Commission that on 12 March 2013, the MCA Board received a letter from the Permanent Secretary asking them to send in their offer of resignation. The letter read “as is customary, Chairpersons and Members of the Boards and committees are expected to offer their resignation to the minister concerned in order to enable the new government to effect any changes that are considered desirable.”
Dr Ghio wrote that the MCA board convened on 13 March 2013 to discuss the request and decided to submit an offer of forced resignation. In the correspondence, Dr Ghio said that he considered, “the forced resignation which he was instructed to submit to the new administration and which was accepted on the basis that he can no longer perform his duties as chairman ‘in light of a change in the administration of the country’ as being a case of constructive/forced dismissal, potentially based on political discrimination, which runs counter t the applicable provisions contained in the Malta Communications Authority Act.”
He quoted the EU Telecoms Framework Directive as saying that member states will guarantee the independence of national regulatory authorities. The law he quoted read: “Member states shall ensure that the head of a national regulatory authority… may be dismissed only if they no longer fulfil the conditions required for the performance of their duties which are laid down in advance in national law…”
He also quoted the Malta Communications Authority Act, stating that, “A member of the Authority may be removed from office by the minister if, in the opinion of the minister, such member is unfit to continue in office or has become incapable of properly performing his duties as a member.” He said that his forced resignation did not fall within the provisions of the aforementioned laws.