John Dalli

John Dalli (born 5 October 1948) is a Maltese former politician who served as Cabinet Minister in various Maltese governments between 1987 and 2010. He was European Commissioner for Health and Consumer Policy between 2010 and 2012.

John Dalli
European Commissioner for Health and Consumer Policy
In office
9 February 2010 – 16 October 2012
PresidentJosé Manuel Barroso
Preceded byAndroulla Vassiliou (Health)
Meglena Kuneva (Consumer Protection)
Succeeded byMaroš Šefčovič (Acting)
Personal details
Born (1948-10-05) 5 October 1948
Political partyNationalist Party
SpouseJosette Callus
ChildrenClaire
Louisa

Maltese politics

Dalli was first elected to the House of Representatives of Malta in 1987 on behalf of the Nationalist Party, and since then, he has been re-elected in five successive elections: in 1992, 1996, 1998, 2003, and 2008. He has served as Parliamentary Secretary for Industry (1987–1990), Minister of Economic Affairs (1990–92), Minister of Finance (1992–1996, 1998–2004),[1] and Minister of Foreign Affairs and Investment Promotion (2004).[2] During his tenure at the Ministry of Finance (the longest in Maltese political history), Dalli is best remembered for his modernization of the taxation system through the introduction of VAT in 1994 and again in 1998.[3]

He is credited with the creation of the financial services centre.[4]

In February 2004, Dalli contested the election for the leadership of the Nationalist Party but lost to Lawrence Gonzi, who was appointed prime minister. In the new cabinet, Dalli was appointed Minister of Foreign Affairs and Investment Promotion. However, he resigned after serving for three months from April to July 2004 following allegations of corruption in the awarding of contracts for medical equipment and airline ticketing.[5]

Dalli remained a backbench MP and was outspoken about what was going on within the party.[6] In 2007 the Prime Minister appointed Dalli as a personal consultant.[7]

Dalli was re-elected to the House of Representatives in the March 2008 general election and returned to the cabinet as Minister for Social Policy. His portfolio included health, the elderly, employment and training, housing, and industrial relations. Joe Cassar and Mario Galea were appointed Parliamentary Secretaries for Health and for the Elderly and Community Care respectively to assist him.[8]

In this ministry, Dalli started a reform of the health sector which was interrupted when he resigned as minister and as Member of Parliament on 10 February 2010 on his appointment as European Commissioner.[9]

European Commissioner

Dalli was appointed to the European Commission on 9 February 2010 as Commissioner for Health and Consumer Policy. On 15 October 2012, the European Anti-fraud Office (OLAF) delivered its report to the Commission President on accusations an associate of Dalli had asked for €60 million from Swedish Match, the main producer of Swedish snus, in return for Dalli's help in changing European tobacco regulations.[10] On 16 October 2012, Dalli was forced to resign by Commission President José Manuel Barroso.[10] Dalli has maintained that he did not resign, but in an interview given on the morning of 17 October, 2012 with New Europe confirmed Barroso asked him for his resignation, and alleged that the Tobacco lobby was involved in the case.[11]

Dalli has subsequently denied any knowledge of the alleged bribery.[12]

The OLAF report claimed that the decision-making process of the commission services was not jeopardized, that no money changed hands, and that Dalli was not involved in the execution of this action. However, they put forward the conclusion that he knew what was going on. This was stated in the statement issued by the Commission to announce Dalli's dismissal.[13]

Dalli had insisted from the outset that the report by OLAF should be published, but the commission always refused. Finally, this report was leaked by Malta Today on 28 April 2013. Upon its publication, there was a chorus of criticism of this report, which was described by some as amateurish and biased.[14][15][16][17][18][19]

On 24 December 2012, Dalli instituted a case in the European Court of Justice against the Commission to annul the decision by Barroso to force his resignation (Case T-562/12).[20] On 7 and 8 July 2014, the ECJ held a public session to hear witnesses in the case, Jose Manuel Barroso, President of the Commission, was called as a witness in the proceedings.[21] On 12 May 2015, the action was dismissed, and Dalli was ordered to pay the costs.[22]

Dalli also instituted a case in the Belgian Criminal Court against Swedish Match for defamation on 13 December 2012.[23] In December 2014, Dalli extended the case to include OLAF as he insists that OLAF abused its powers in the investigation. This case seems to be stalled as the police officer on the case has been changed by the Belgian Authorities.

The OLAF announced on 26 September 2013, that it had begun a new investigation into Dalli.[24]

Back in Malta

Peter Paul Zammit, the police commissioner, appointed on 13 April 2013, reinvestigated the case and Dalli was called again to be interviewed on 21 May 2013. On 8 June 2013, Zammit stated that there was no evidence to arraign Dalli, but that the investigations were continuing.[25][26][27] This position was reiterated by Zammit on 27 September 2013.[28]

In the summer of 2016, Giovanni Kessler's European Anti-fraud Office (OLAF) delivered a report on Dalli to Maltese authorities.[29] Former Malta Police Chief John Rizzo has said there was enough evidence against Dalli, and he cannot explain why criminal charges were not brought.[29] In May 2017, the Maltese police said investigations into Dalli were ongoing.[29]

The New York Times has reported that Dalli defrauded investors in South Carolina out of at least $1.5 million.[29]

Supervisory Committee Opinion 2/2012

On 4 July 2014, the Supervisory Committee set up to supervise the actions of OLAF during its investigations published its report on the case involving Dalli. They sent the report to Corporate Europe Observatory in answer to a request that the latter NGO had made months before. CEO immediately published the report on its website.[30] This report was sent to the Director General OLAF in December 2012. However, OLAF had been refusing to publish this report. After harsh insistence, the European Parliament was only given a censored copy of the report. Even after its publication, the Director General OLAF refused to publish the document on OLAF's website, as is the usual practice.

The report can be read on http://corporateeurope.org/sites/default/files/2012-02-opinion-supervisory_committee.pdf. It can be seen that it is highly critical of the way that OLAF conducted this investigation and of the way that Kessler conducted himself.

In the ECJ hearing referred to above, Dalli's lawyers claimed that this opinion shows that Dalli's human rights were breached by OLAF and asked for the document to be included in the proceedings. The Court accepted this request over the protests of the lawyers of the Commission.

Kessler refuses to give evidence

In the case that the Maltese Local authorities instituted against Mr. Silvio Zammit, the prosecution has called Kessler on different occasions to give evidence. Kessler has not presented himself to give witness.

The same applies to employees of Swedish Match and ESTOC who are refusing calls by the Maltese courts to give evidence in the case.

Secret Documents from Philip Morris

On 7 October 2014, France 2, a French public television station, aired a two-hour report entitled "Tobacco Industry, the Grand Manipulation".[31] In this report, the journalists uncovered documents they acquired from Philip Morris showing that the tobacco lobby had planned a strategy to target Dalli, the European commissioner who was steadfast in his drive to have a harsh tobacco products directive.[32]

References
  1. "Malta Today". Malta Today. Retrieved 30 December 2013.
  2. "Department of Information". Doi.gov.mt. Retrieved 30 December 2013.
  3. "The Malta Business Times". Businesstoday.com.mt. 15 January 2003. Retrieved 30 December 2013.
  4. "Malta's model financial centre". timesofmalta.com. Retrieved 30 December 2013.
  5. "MaltaToday". MaltaToday. 11 July 2007. Archived from the original on 8 November 2012. Retrieved 30 December 2013.
  6. "Kliemhom jikxifhom - Malta u l-politika". Maltapolitics.com. Archived from the original on 9 November 2013. Retrieved 27 February 2014.
  7. "MaltaToday". MaltaToday. 9 December 2007. Retrieved 30 December 2013.
  8. Archived 2 December 2008 at the Wayback Machine
  9. Archived 6 June 2011 at the Wayback Machine
  10. Kanter, James (25 October 2012). "Dalli Resignation Leaves E.U. With a Mystery". The New York Times. p. A6. Retrieved 13 May 2017.
  11. "Exclusive: John Dalli on OLAF, resignation, and Tobacco Directive". New Europe. 17 October 2012.
  12. Dunmore, Charlie; Baker, Luke (24 October 2013). "Exclusive: EU Graft Inquiry Shifts to Ex-health Chief's Overseas Activity". Reuters. Retrieved 16 November 2013.
  13. "EUROPA - Press statement on behalf of the European Commission". Europa.eu. Retrieved 27 February 2014.
  14. "New report 'casts further doubt' on Dalli inquiry". theparliament.com. 23 April 2013. Retrieved 27 February 2014.
  15. "Dalligate: OLAF report on Dalli available | Press Release | EPP Group in the European Parliament". Eppgroup.eu. Retrieved 27 February 2014.
  16. "REVEALED • Dalligate - the OLAF report". Maltatoday.com.mt. Retrieved 27 February 2014.
  17. Helmut Weixler (29 April 2013). "Dalligate - OLAF report published - Content - The Greens | European Free Alliance". Greens-efa.eu. Retrieved 27 February 2014.
  18. Keating, Dave (29 April 2013). "Dalli report leaked". European Voice. Retrieved 27 February 2014.
  19. "New evidence appears to vindicate John Dalli delaying tactics claim - The Malta Independent". Independent.com.mt. Retrieved 27 February 2014.
  20. "T-562/12 - Dalli v Commission - InfoCuria - Case-law of the Court of Justice". Retrieved 19 July 2017.
  21. "Judgment of the General Court (Third Chamber, Extended Composition) of 12 May 2015". Retrieved 19 July 2017.
  22. "Judgment of the General Court of 12 May 2015 – Dalli v Commission". Retrieved 19 July 2017.
  23. "John Dalli files defamation complaint against Swedish Match". Maltatoday.com.mt. 13 December 2012. Retrieved 27 February 2014.
  24. Kanter, James (26 September 2013). "European Union Starts New Graft Inquiry into Tobacco Regulator". The International Herald Tribune. Retrieved 13 May 2017.
  25. "Malta Police Commissioner: no case against John Dalli". neurope.eu. Retrieved 27 February 2014.
  26. "Police drop probe into Malta's ex-EU commissioner | euronews, Europe". Euronews.com. Retrieved 27 February 2014.
  27. "Malta rules out legal action against former EU Commissioner". Reuters. 10 June 2013. Retrieved 27 February 2014.
  28. "Updated: Police Commissioner reiterates position on John Dalli investigation". timesofmalta.com. Retrieved 27 February 2014.
  29. Kanter, James (13 May 2017). "'Stupid Us': How U.S. Retirees Lost Thousands to Fraud Linked to Ex-E.U. Official". The New York Times. p. A5. Retrieved 13 May 2017.
  30. "Supervisory Committee releases 29-page critical assessment of OLAF's Dalligate investigation | Corporate Europe Observatory".
  31. "Industrie de la cigarette : "Cash investigation" passe les lobbys à tabac sur France 2". Retrieved 15 March 2017.
  32. "French programme claims Dalli targeted by tobacco lobby to delay introduction of stricter laws - The Malta Independent". www.independent.com.mt. Retrieved 15 March 2017.
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