Amid a heated debate, centered on the proposed changes to the legislation on the declaration of assets, the debate on the 2027 budget of the Office of the Commissioner for Legislation before the Parliamentary Committee on Finance turned into a heated exchange. Members of Parliament voiced criticism, and there were references to “playing to the gallery” regarding an already strict law. Commissioner Sophia Kleopa categorically rejected these criticisms, stating that the bill was drafted following a mandate from the Presidency to comply with the recommendations of the Council of Europe’s GRECO committee.
In addition to the “Pothen Esches” bill, the Committee addressed the issue of modernizing outdated legislation, with Members of Parliament criticizing delays, while at the same time the issue of creating a unified platform for the digitization of the legislative process was brought to the table. To implement and maintain this initiative, the Commissioner emphasized the need for substantial reinforcement of her Office in terms of resources and personnel.
ΣΧΕΤΙΚΑ ΑΡΘΡΑ
Declaration of Assets
AKEL MP Andreas Pasiourtides, referring to reports that have come to light regarding the tightening of the “Pothen Esches” law, said that “A question has arisen among us because, at this moment, Cyprus has the strictest ‘Declaration of Assets’ requirements in Europe. And because it is being implied that something is missing, or that the Tax Commissioner—who has been involved at two levels, both in the initial investigation and in the special investigation—has not been involved.”
“Tell us,” he asked, addressing the officials, “whose initiative was this, who found this loophole, because while we were discussing it—and they were present during the months-long “Pothen Esches” hearings—they didn’t express their opinion, and now it seems that Parliament has once again made a mistake or tried to cover up, whereas, on the contrary, those of us who filed a “Pothen Esches” declaration this year fully understand what it means to have done this for the first time”?
Responding to the question from the AKEL MP, Commissioner Sophia Kleopa said that her Office had dealt with the matter solely because of the GRECO Report, “which highlighted certain issues, and we were asked by the Presidency to contribute to the effort to comply with the GRECO committee’s recommendations.” Ms. Kleopa added that “if you are not concerned about compliance with the GRECO recommendations, I am not responsible.” She clarified that “there is no obligation to submit a statement of assets (Pothen Esches) on an annual basis. Now there is an obligation at the beginning and at the end, and an interim one has been added.”
Addressing the Commissioner, Mr. Pasiourtides said, “The discussion is being framed as if something is missing, but I’m telling you that nothing is missing.” He continued by saying that the only thing missing—"and I’d be curious to know if you’ve included it—is the declaration of assets by judges." “Parliament, as an independent branch of government,” Mr. Pasiourtidis added, “rightly delegated the oversight of Members of Parliament’s asset declarations to the Tax Commissioner.”
“When we brought this up with the Supreme Court and they came here, they more or less told us that if we passed it, they would rule it unconstitutional, so a compromise was reached to avoid overturning the entire body of legislation (…) where one court oversees another. GRECO, however, stated that judges must be subject to oversight by an independent body. “Not a judge of the Supreme Constitutional Court being supervised by a judge of the Supreme Court,” she concluded.
The Commissioner noted that “it was not included in GRECO’s recommendations for this round of evaluation, so I certainly did not address it.”
Alma MP Irini Charalambidou expressed her strong displeasure with media reports and spoke of a public relations ploy. As she put it, it is being portrayed “as if the Parliament had ‘drilled holes in the water,’ and it appears that the government and the Commissioner for Legislation ‘will tweak’ the legislation to give it a more serious form.” Addressing the Commissioner, Ms. Charalambidou noted that “the only thing you’re changing is that it be submitted on an annual basis, which was discussed at length in the Committee on Institutions in the presence of the Tax Commissioner, and he himself said that it wasn’t necessary because the picture before him was clear, and in fact he said he didn’t even have the staff to do it.” “We read about penalties,” Ms. Charalambidou continued, adding that “criminal offenses are provided for. Everything we read in the newspapers—which portrayed this as a government intervention to bring order to Parliament (…) and the height of absurdity was the claim that the Tax Commissioner would oversee them, creating the impression that battles had been fought in this Parliament to bring in the Tax Commissioner.”
Responding to Ms. Charalambidou’s remarks, the Commissioner said that “As for the press reports and the suggestion that either I or my Office are playing games with public perception, I categorically reject them. You cannot say that I or my Office am responsible for news reports and what they contain.” He reiterated that an amendment bill had been drafted “following a request from the presidency for the purpose of complying with GRECO. “If the House does not agree when it comes before it, it will decide,” he added.
Intervening, the Committee Chair, Christiana Erotokritou, stated that the “Declaration of Assets” “must have a fundamental, defining core. “It is not tax legislation, and it should not be tax legislation.” It must, she added, be a law “that ensures and informs the public that, during the course of one’s term in office, one does not unjustly enrich oneself as a result of that office. That is why it is called the ‘Declaration of Assets’.”
In remarks made at the conclusion of the session, Ms. Charalambidou called on the Commissioner “to tell us, based on GRECO’s most serious recommendations—including modernization, the separation of powers of the Attorney General, how many has her office addressed? And they focused on the Declaration of Assets, which is a very comprehensive piece of legislation, with no loopholes, that was drafted in consultation with the tax commissioner himself, and covers all the issues that have been leaked to the press in recent days.”
GRECO, Ms. Charalambidou continued, “also recommends many other measures, which our government has failed to implement. So what are they doing? Just a little smoke and mirrors to show that they’re in favor of good governance and transparency. But the Parliament has already done all of this. So let them read the laws before trying to change them.”
Outdated Legal Provisions
DISY MP Fotini Tsiridou asked what the Commissioner’s Office would do about outdated legislative provisions, such as those in the Penal Code. “Do you realize that this is essentially a record of criminal concepts from decades past (…) what is your purpose? We’re talking about completely absurd provisions of the Penal Code, which is why I’m wondering how you plan to proceed,” Ms. Tsiridou asked.
The Commissioner replied that “we have compiled an extensive list” of obsolete laws that need to be repealed or amended and have forwarded it to the relevant ministries for their input. “We will come forward with a package, with a repeal bill,” she added. Regarding the Penal Code specifically, Ms. Kleopa noted that “the amendments are piecemeal.” As she said, “it is a massive undertaking” since “the Penal Code requires a comprehensive revision” and “it is certainly not something my Office can undertake at this stage with the resources it has.”
The head of the Alma movement, Odysseas Michaelides, expressed the view that the institution of the Legislative Commissioner “has failed,” clarifying that his remarks did not concern Ms. Kleopa. He referred to the Contracts Law, “which was introduced in Cyprus in 1930 and is a law that the British enacted in India in 1872.” As he said, “It was an excellent law 100 years ago. There are far too many things missing from this law.” As he said, “The job of the Commissioner for Legislation is to modernize the law. In reality, your Office has failed.”
The Commissioner replied that “everyone has the right to judge any institution, its operation, its activities, and its work,” adding that she cannot characterize the work of her predecessors as a failure. “As for my own work, you will judge it, and so will the citizens—not just the Members of Parliament.”
For her part, Ms. Erotokritou spoke of an extremely useful and crucial institution.
Digitization
The Commissioner for Legislation referred to a system being developed by the General Directorate of Development, which is intended to be assigned to the Office of the Commissioner for Legislation. “It will be a platform with two portals. One portal will be for all ministries, for our Office, and for anyone involved in legislative drafting.” According to Ms. Kleopa, everything will be done electronically through the system, which, as she said, is nearly complete. “You log in and simply check the format. We’ve included six different types of bills, which makes it easier for the drafter. Only the person drafting it and their supervisor will have access. Not just anyone will be able to view a bill drafted by a ministry. Afterward, it will go to the Legal Service for a technical review.”
The problem they face, she added, is with the second part of the platform, which requires the entry—as she explained—of all the Republic’s legislation since 1960, none of which exists in digitized form. In response to Ms. Erotokritou’s remark that “they are available on Cylaw,” the Commissioner stated that “if we purchase the material from the two companies that have it, we will have to maintain and update it because the consolidation must also be carried out simultaneously.” As Ms. Kleopa noted, “the Ministry is conducting some negotiations,” which she did not wish to discuss, as she explained they do not concern her; however, “once they are completed, our Office will take over, and we will have increased staffing needs to operate this platform.”
Ms. Kleopa continued by speaking of a significant increase in the Office’s staffing needs. “We want to actively contribute to the development and promotion of a modern legislative framework, but this cannot be achieved without our ongoing collaboration with the Presidency, the House of Representatives, the Ministries, the Legal Service, the Cyprus Bar Association, the academic community, and civil society,” he explained.
“I hope that the provisions of the budget will ensure the necessary resources for the effective performance of our duties,” he concluded.
Source: CNA
