Proposed amendments to Cyprus’ asset declaration legislation came under scrutiny during a discussion of the Law Commissioner’s Office budget for 2027, with MPs questioning the need for changes to what they described as an already strict legal framework.
The issue prompted criticism from MPs, with some accusing those promoting the amendments of engaging in a “game of impressions”, while Law Commissioner Sofia Kleopa firmly rejected suggestions that her office was responsible for creating misleading public perceptions about the legislation.
Speaking before the House Finance Committee, Kleopa said the draft amending bill had been prepared following a request from the Presidency, with the specific aim of addressing recommendations made by the Council of Europe’s Group of States against Corruption (GRECO).
She stressed that her office had become involved in the matter exclusively in response to the GRECO evaluation report and the Presidency’s request for assistance in bringing Cyprus into line with its recommendations.
MPs question need for further changes
AKEL MP Andreas Pasiourtides referred to media reports concerning plans to tighten the asset declaration framework, arguing that they had created confusion given that Cyprus already had what he described as the strictest system in Europe.
He questioned who had initiated the proposed changes and identified the alleged shortcomings, adding that the reports risked creating the impression that Parliament had made mistakes or attempted to protect certain individuals.
Pasiourtides also challenged suggestions that the Tax Commissioner had not been sufficiently involved in the process, saying the official had participated at two stages, including the initial review and a special investigation.
Kleopa clarified that the legislation did not require annual declarations under the existing framework. Instead, declarations were required at the beginning and end of a person's term, with an additional interim submission now being proposed.
Pasiourtides maintained that he did not believe the legislation contained significant gaps, apart from the provisions governing asset declarations by judges.
He said Parliament, as an independent branch of government, had granted the Tax Commissioner responsibility for examining MPs' declarations. However, when the matter was raised before the Supreme Court, the response was that such a provision would be considered unconstitutional.
According to Pasiourtides, a compromise was subsequently reached to avoid changing the legislation as a whole.
He added that GRECO had recommended that judges' declarations be examined by an independent body rather than by a judge of the Supreme Constitutional Court.
Kleopa responded that the issue had not been included in GRECO's recommendations for the particular evaluation round under consideration and had therefore not been examined by her office.
Charalambidou accuses authorities of creating misleading impressions
ALMA MP Irene Charalambidou also expressed strong dissatisfaction with media coverage of the proposed changes, accusing those involved of creating a misleading impression that Parliament had failed to address the issue adequately.
She argued that reports suggested the government and the Law Commissioner intended to overhaul the legislation to make it more robust, when the main proposed change concerned the introduction of annual declarations.
Charalambidou said the issue had already been discussed extensively by the House Institutions Committee in the presence of the Tax Commissioner.
According to her, the Tax Commissioner had argued that annual submissions were unnecessary because he already had a clear picture of the situation and that his department lacked the personnel required to manage the additional workload.
She also questioned reports referring to the introduction of penalties, pointing out that criminal offences were already provided for under the existing legislation.
The MP criticised what she described as an attempt to portray the proposed amendments as government intervention to put Parliament in order, stressing that considerable effort had been made to secure the Tax Commissioner's involvement in the existing system.
Kleopa categorically rejected any suggestion that she or her office was responsible for political point-scoring or the content of media reports.
She reiterated that the bill had been drafted following an assignment from the Presidency to address GRECO recommendations, adding that Parliament would ultimately decide how to proceed once the legislation was formally submitted.
Committee chairwoman Christiana Erotokritou said the asset declaration framework should retain a clear and focused purpose and should not become a form of tax legislation.
Its primary objective, she explained, was to establish whether public officials had accumulated wealth improperly while serving in office as a result of their positions.
Following the meeting, Charalambidou called on the Law Commissioner to clarify how many of GRECO's significant recommendations her office had advanced, including those concerning modernisation and the separation of powers relating to the Attorney General.
She criticised the focus on the asset declaration law, which she described as complete and without gaps, and argued that other GRECO recommendations remained unimplemented by the government.
Outdated legislation requires comprehensive reform
The committee also examined the need to modernise outdated laws.
DISY MP Fotini Tsiridou asked what steps the Law Commissioner's Office intended to take to address obsolete provisions, pointing in particular to the Criminal Code.
She argued that parts of the code reflected criminal justice approaches from previous decades and contained provisions that were no longer appropriate.
Kleopa said her office had compiled an extensive list of outdated legislation requiring either repeal or amendment. The list had been forwarded to the relevant ministries for their views, with the aim of eventually promoting a package of legislative repeals.
Regarding the Criminal Code, she said amendments over the years had been piecemeal and that a comprehensive review was necessary.
However, she noted that her office did not currently have the resources to undertake such a substantial project.
ALMA leader Odysseas Michaelides questioned the effectiveness of the institution of the Law Commissioner, although he clarified that his criticism was not directed at Kleopa personally.
As an example, he cited the Contracts Law, which was introduced in Cyprus in 1930 and was based on legislation enacted by the British in India in 1872.
While describing the law as excellent for its time, he argued that it contained significant shortcomings and that modernising legislation was one of the central responsibilities of the Law Commissioner.
Kleopa responded that everyone had the right to assess the performance of an institution but said she could not describe the work of her predecessors as a failure.
Her own performance, she added, would ultimately be judged by MPs and the public.
Erotokritou, meanwhile, described the institution of the Law Commissioner as extremely useful and important.
Digital platform planned for legislative process
Another key issue discussed was the digitalisation of the legislative drafting process.
Kleopa outlined plans for a system being developed by the Directorate General for Development, which is expected to be transferred to the Law Commissioner's Office.
The platform will have two portals, including one intended for ministries, the Law Commissioner's Office and other officials involved in preparing legislation.
She said the system was almost complete and would allow the legislative drafting process to be conducted electronically, incorporating checks to ensure consistent formatting.
Six different types of bills had already been integrated into the system to facilitate the work of legislative drafters.
Access to draft legislation would be restricted to the drafter and their supervisor before the text was forwarded to the Law Office for legal and technical scrutiny.
The second component of the platform will involve incorporating all legislation enacted by the Republic of Cyprus since 1960, much of which is not currently available in digital format.
Responding to Erotokritou's observation that legislation was already accessible through Cylaw, Kleopa said that acquiring the relevant material from the two companies providing it would also entail ongoing maintenance, updating and consolidation.
She said the ministry was conducting negotiations on the matter but declined to comment on the process, as it did not fall within her responsibilities.
Once the process is completed, her office will take over the platform, which will require additional staff and resources.
Kleopa stressed that the office's staffing needs would increase significantly as a result.
She concluded by saying that the Law Commissioner's Office aimed to play an active role in developing and promoting a modern legislative framework, a task requiring sustained cooperation with the Presidency, Parliament, ministries, the Law Office, the Cyprus Bar Association, academia and civil society.
She expressed hope that the provisions of the 2027 budget would provide the resources necessary for the office to carry out its responsibilities effectively.
Source: CNA
