Presidential theatrics and arm-twisting

(photo: presenting to President George Vella proposals for the consideration of the Constitutional Convention : 5 November 2019)

The role of the President in the governance of this Republic, on paper, is just an issue of formality. In practice, however, it can be much more than that.

Undoubtedly Myriam Spiteri Debono will be a different President from her predecessors. Spiteri Debono has a distinct advantage over all of her predecessors: she has no political baggage because she has not held any executive political office to date. Only Sir Anthony Mamo, the first President, had the same advantage!

In her inaugural speech as President, Myriam Spiteri Debono made many an important political point. Fundamentally she emphasized that she will not seek to influence the political debate (a difficult pledge which, however, she did not strictly follow herself). Although she did not name him, this was a clear dig at her predecessor, who, in addition to lobbying the executive intensively in favour of his contrasting political views, unashamedly interfered in the public debate on proposals relative to the IVF legislative changes as well as on Bill 28 which sought to clarify the abortion provisions of the Criminal Code.

His Excellency George Vella would have been taken to task in any self-respecting Parliament. A motion for his removal, because of his behavior, would have been submitted for Parliament’s consideration.  Almost two years ago, given the President’s behaviour in office, I had written in these columns that there are “valid reasons to consider the impeachment of Dr. George Vella from his Presidential duties.” (TMIS: The Presidential rubberstamp: 31 July 2022)

Any person who allows his personal views to conflict with his or her Constitutional duties is, in my view, not fit for office.

Parliament, unfortunately, was not irked by George Vella’s arm-twisting of the executive. It was not bothered, as it thanked Vella for his services! Not one of the Members of Parliament stood up to remind one and all that when the holder of the office of the President interferes in the political debate, he/she is performing a grave disservice to the Republic.

One only hopes that there is no repetition of this interference in parliament’s work.

Parliament needs to reinforce the office of the President. In particular, for example, the Constitution needs some clarity as to how the President can defend the Constitution when he/she does not have the appropriate legal tools available. 

Let me clarify: It is essential to consider in some depth the role of the President of the Republic. Specifically, we should consider whether the President should continue to be just a rubberstamp or whether he or she should have limited review powers over Parliament’s legislative function.

ADPD- The Green Party, in submissions to the still pending Constitutional Convention, focused on this specific matter, among other issues. In the document submitted to the Convention, my party proposed that the President should be able to send legislation back to Parliament for its reconsideration, if, in his/her view such legislation runs counter to the provisions of the Constitution.

The President, on assuming office, declares that he/she will do all it takes to defend the Constitution. He/she is not however equipped with any (constitutional) tools with which to carry out this responsibility.

The Green proposal presented more than four years ago for the consideration of the Constitutional Convention identifies an essential tool with which His Excellency the President can act responsibly within the parameters of the law. We further proposed that should Parliament refuse to budge, the President should refer the matter to the Constitutional Court for a final decision. 

This is how the Presidency should function. Much better than when it was subject to the George Vella theatrics, lobbying, and arm-twisting of the executive.

published in Malta Independent on Sunday : 14 April 2024

The courage to change

Good governance is central to the proper nurturing of this 50-year-old Republic. Good governance is founded on transparency and accountability. Secrecy and the withholding of information from the public domain, in contrast, generate bad governance.

Transparency is a basic characteristic of good governance whereas secrecy is the distinguishing mark of bad governance. This inevitably leads to the shielding of unethical behaviour, as well as the propagation of a culture of greed and corruption.

Transparency and accountability are inseparable twins. Accountability is, in fact, non-existent or severely diluted in the absence of transparency.

Good governance is much more than a concept. It is the essential foundation for any democratic Republic.  In the absence of good governance, greed flourishes, and national institutions are slowly transformed into personal fiefdoms. Corruption and rampant clientelism are the inevitable results of a lack of good governance.

In her inaugural speech on Thursday, President of the Republic Myriam Spiteri Debono spoke of the assassination of Daphne Caruana Galizia. Daphne’s assassination was described by Her Excellency as a wound that, as a nation, we must heal the soonest.

Daphne Caruana Galizia was actively involved in journalism, investigating corruption. Notwithstanding the continuous vitriol she faced, Daphne identified many a scandal associated with the governance model championed by the Labour Party in government.

This, in reality, is the wound to be healed. We need to finalise that begun by Daphne by ensuring, as a nation, that the corrupt face the music the soonest. Then the festering wounds of corruption, made worse as a result of a culture of impunity, will start the healing process. The rule of law must prevail without any exception.

The assassination of Daphne is also a heavy blow against good governance.  The public inquiry into the circumstances that led to Daphne’s assassination concluded with identifying the Maltese state as being ultimately responsible for all that happened.

A culture of greed has been reinforced with a culture of impunity.

The change necessary to heal this wound requires considerable courage and goodwill. I am not at present convinced that the political leadership currently in government is acting in good faith. It is a leadership under siege, continuously defending those who have driven this country to the dogs.

Land use planning and our environment are regulated by greed. Agricultural land is slowly disappearing as a result of the planning policies of the PN in government way back in 2006 through the so-called rationalisation exercise. The Labour Party opposed these plans when in Opposition but it is currently in the process of milking them dry to ensure that the greedy are fully satisfied.  Some have already licked their lips! Others are awaiting their turn.

It takes courage to act against greed, when both Parliamentary parties are fully committed to entrenching it as a way of life. They ensure the quality of life of the greedy, but in the process are ruining that of all the rest of us: both the present as well as the future generations.

The current set-up of our Parliament is part of the problem. It is no wonder, that, in this scenario, we are lumped with an electoral system that ensures that the voice of change is silenced by making it as difficult as possible for it to be heard.

Change is hindered as the national institutions are rigged against those who dare to speak up for the representation of a variety of minority views in the country.

As a result of this lack of political goodwill, ADPD-The Green Party is currently in Court contesting the discriminatory nature of this rigged electoral system. It is a constitutional court case that is hopefully approaching its conclusion.

At ADPD-The Green Party, we have long been speaking about the urgent need for electoral reform, focused on the need to ensure that every vote is valued. Until such time, no change can ensure that everybody is on board. One person, one vote, one value.

It takes courage (and political goodwill) to change.

published in The Malta Independent on Sunday: 7 April 2024