Constitutional Convention: upsetting the apple-cart

 

A Constitutional Convention is long overdue. It has been on the public agenda for years.

Over the years, Malta’s Constitution has been patched up several times in order to resolve political issues arising at that particular point in time. It is about time that the Constitution is considered in its entirety in order to ensure that it serves the needs of the nation now and in the foreseeable future. An overhaul would certainly be in order.

One major issue which, in my view, needs to be addressed is the curtailing of the executive’s power over the composition, set-up and running of authorities and institutions so that these can begin functioning properly. Rather than the executive ceding power, as Minister Owen Bonnici stated recently when piloting the debate on the Bill that seeks to introduce limited screening of public appointments, it means that Parliament should rediscover its proper functions and claim back its authority.

This is the basic flaw in Malta’s Constitutional set-up. Malta is described as a Parliamentary democracy and, on paper, Parliament does have the power to decide but, over the years it has been reluctant to upset the current balance of power that favours Cabinet over Parliament. Unless and until there is a will to address this, no headway can be made and any proposed changes will necessarily be cosmetic in nature.

Currently, the focus of public debate is on the functioning of the institutions of the state. This debate has been going on for some time but has gathered steam as a result of the obvious inertia observed over many years. The principal issue is the manner in which major public appointments are made.

Unfortunately the public debate is sometimes derailed. The debate on the Attorney General’s office, for example, should rather be on the functions of the office than on Dr. Peter Grech, the current incumbent. In particular, Parliament should examine whether the multitude of responsibilities added to the office of the Attorney General over the years have diluted its Constitutional responsibilities. One detailed proposal on the hiving off of responsibility for public prosecutions was made in the Vanni Bonello-led Justice Reform Commission, many moons ago. So far, no action has been taken.

I think that by now it is clear to all that Parliament, on its own, will not deliver on the reform required because such reform, if properly carried out, will upset the manner in which political power is exercised in these islands.

The basic Constitutional set-up underpinning the 1964 Constitution, notwithstanding the multitude of changes carried out throughout the years – including the 1974 change from a Constitutional Monarchy to a Republic – is still substantially in place. On Independence, in 1964, most of the powers of the British sovereign, then exercised through the Governor, were handed over to the Prime Minister, subject to the theoretical oversight of Parliament. For over 50 years, Parliament has been reluctant to upset the apple-cart and no Prime Minister has ever had the courage to propose the curtailment of his own powers and handing them over completely to Parliament, which is where they belong in a Parliamentary democracy. Nor has Parliament ever taken the initiative: its composition prevents it from acting in such a manner.

The current large size of the Cabinet, coupled with the nomination of backbench MPs on the government side to various posts and sinecures, is a clear declaration of intent. Keeping backbench MPs happy and occupied reduce the likelihood of them asking too many questions. This has been going on for some time: in fact the Gonzi administration acted in a manner very similar to the current administration in this respect.

This, in my view, is the crux of the whole issue which Parliament cannot and will not resolve on its own. It needs a vibrant civil society (not a fake one represented by a couple of non-entities) which can prod and guide it until it embarks on the path where real political power is channelled back to where it really belongs. This is the real reason why electoral reform has always been left on the back burner, as it is only through fair electoral reform that results in a different Parliamentary format whereby Parliament can start to think outside the box in which it is currently restrained.

published in The Malta Independent on Sunday : 5 November 2017

Advertisements

Min tafu, ssaqsix għalih

Malta Parliament

 

Marlene Farrugia m’hiex l-ewwel membru parlamentari li ma baqgħetx tappoġġa lill-partit li ġiet eletta miegħu u f’ismu.

Kellna diversi membri parlamentari oħra, li, fil-passat għamlu l-istess għal diversi raġunijiet.  Ħa nsemmi żewġ eżempji.

Kurunat Attard (missier Ġovanna Debono) fl-1962 kien wieħed mill-4 membri parlamentari li eleġġa l-Partit  Demokratiku Nazzjonalista ta’ Herbert Ganado. Fl-ewwel seduta tal-parlament wara l-elezzjoni ġenerali tal-1962,  irriżenja mill-partit ta’ Ganado u issieħeb mal-Partit Nazzjonalista. Bis-siġġu tiegħu, il-PN, dakinnhar fil-Gvern, kellu maġġoranza parlamentari ta’ 26 minn 50. Mingħajru ma kellux. Is-siġġu ta’ Kurunat Attard, il-Partit Nazzjonalista dakinnhar żammu.

Alfred Baldacchino kien daħal fil-Parlament mal-Partit Nazzjonalista fl-1973 b’bye-election wara l-mewt ta’ Tommy Caruana Demajo. Ftit wara, qasam il-Kamra. Il-Partit Laburista fil-Gvern, dakinnhar kellu bżonn il-vot tiegħu għax mingħajru ma kienx hemm is-saħħa numerika biex tkun emendata l-Kostituzzjoni fl-1974. Is-siġġu ta’ Alfred Baldacchino, dakinnhar,  il-Partit Laburista żammu ukoll.

Dan apparti l-kaz ta’ Jeffrey Pullicino Orlando, li hu wieħed riċenti.

Marlene Farrugia, li qalet li ser tibqa’ indipendenti, rriżenjat minħabba l-posizzjoni li qed jieħu l-Partit Laburista dwar l-ambjent.

Sadanittant, il-PN, bid-dmugħ tal-kukkudrilli, qiegħed jipprova jikkonvinċi li hu biss jista’ jsalva lill-Malta mill-qerda ambjentali.  Kull min hu moħħu f’postu jaf li tal-PN qed jippruvaw jgħaddu n-nies biż-żmien, għax fis-siegħa tal-prova l-PN fil-Gvern mexa mod ieħor.

Nafu li Marlene, fuq punt ta’ prinċipju ivvutat favur l-emendi tal-Opposizzjoni. Għamlet sewwa. Dwar xi ħsibijiet iktar għandha, ma nafx. L-anqas ma naf safejn hi lesta li tafda.

Jiena, da parti tiegħi, lil min nafu m’għandix għalfejn nistaqsi għalih.