The Malta Independent on Sunday
Environment Minister fails to declare directorship: says ‘company not in operation for over 20 years’
Kevin Schembri Orland Environment Minister Jose Herrera failed to declare his position of director in a nominee company in his ministerial declaration of assets, The Malta Independent on Sunday can reveal.
Up until 5 August this year, Minister Herrera served as a director of the company C.J.J. Nominee Company Ltd. Contacted by this newsroom, Minister Herrera said the company has not been operating for more than 20 years. “It has no financial value whatsoever and for the last 20 years I have never received any form of remuneration from it,” he said. “I immediately resigned from the post of director as soon as the issue was brought to my notice, even though the company has not been operative for over the past two decades.”
On 3 August, a report appeared in the media mentioning that Magistrate Consuelo Scerri Herrera, together with Minister Herrera, owned the company, but it did not mention that the Minister had not declared this.
“This company was set up to provide financial services under the old legal regime when, as a practising lawyer together with my colleagues, I used to offer such corporate services. After the change in legislation, i.e. in the early 1990s, the company lost its scope and therefore could no longer be used. It was the intention of the shareholders to strike this company off the companies list, but this never materialised,” he told this newsroom.
“The company was registered on 27 January 1994. The directors at that time were Dr Consuelo Scerri Herrera, Dr Joseph Giglio, who used to work in the same legal firm and myself, while the company secretary was accountant Paul Giglio. On 15 May 1997 Dr Consuelo Scerri Herrera resigned as a director following her appointment to the bench according to the Judicial Code of Ethics, followed by the resignation of Dr Giglio on 22 May 2009 and myself on 5 August 2016.”
Cabinet members must list immovable property, any shares, bonds or partnerships, the sum deposited in banks, directorships or offices, his/her income in the previous year and the sum total of outstanding loans in their declarations.
In a call to a desk clerk from the Registry of Companies, this newsroom was informed that the company was still active. On his declaration of assets, Dr Herrera wrote ‘none’ where positions such as directorships should be declared.
According to the Memorandum of Association, the company’s objective is to act as a nominee company with respect to offshore companies and to act as a trustee to offshore trusts.
The company’s registered address is the same address as Jose A. Herrera and Associates.
The Ministerial Code of Ethics states: “Once appointed, a minister is expected to stop his private practice and dedicate all his time to government work. This unless Cabinet decides otherwise in exceptional cases where it is in the national interest.”
The Code of Ethics also states that a minister must, each year, give a statement of his assets and interests.