It takes two to Tango
It is sad to note that Government in general and Minister Zammit Lewis in particular, are treating the constitutional issues raised by the Venice Commission in its scathing report on December 2018 as merely a publicity exercise.
In spite of the fact that the Government side and we on the Opposition side as members of the Steering Committee on Constitutional Reform presided over by the President of Malta, had agreed that we would discuss any amendments necessitated by the report within the Committee, on 13 May Minister Zammit Lewis unilaterally and arbitrarily decided to publish Government’s proposals relating to the Report, without first discussing them in the Committee or even consulting with the Opposition.
These proposals were announced through expensive publicity in a cover page on some Sunday newspapers, costing thousands of euros to the taxpayer. This lack of faith in the consultation process did not deter the Opposition, in spite of vociferous protest, from continuing out of respect to the President of Malta to continue attending the Committee meetings.
At the last meeting we made it clear that no progress could be achieved unless the President of Malta is appointed by a Resolution supported by two thirds of all the members of Parliament.
This was one of the main proposals published by the Opposition on 18th May and communicated to the Venice Commission. Today, the President is elected or removed by a simple majority of one of those present and voting! It was only after such position was taken that the Government has finally accepted this proposal which it had always resisted. After all, there are three positions today which require such a majority to appoint a holder to such offices; and irrespective of who was in Government an agreement was always reached.
Indeed, in the case of appointment of the Head of State under a Labour Government (2014, 2019) the Opposition always supported the nominee proposed by Government in the national interest.
The Labour Opposition voted against Ugo Mifsud Bonnici, Guido de Marco and Eddie Fenech Adami in 1994, 1999 and 2004 respectively. When a Nationalist Government proposed George Abela, from the Labour ranks, the
Labour Party obviously voted in favour!
The Venice Commission Report is in Government’s hands; but up to the time of writing it has not yet been published. Government however chose to release to some of the media selected parts of it!
Government has not yet revealed what the Commission had to say as to the “revolutionary” (sic) proposal that appointments of certain positions, rather than being made by the Prime Minister, are made… by the Cabinet presided over of course by the Prime Minister and made up of members who can be hired and fired at any moment by him! Neither has any information been leaked as to what Government is going to do regarding the VC report as to the excessive powers of the Prime Minister or its proposals as to the appointment of the judiciary.
There is no level playing in the political field in Malta right now. Government can spend thousands on party propaganda shrouded in government publicity. It has control of all the constitutional commissions and authorities. One of these, the Broadcasting Authority, has not yet decided whether to grant a right of reply to the Opposition 26 days (!) after the Prime Minister held a 1hr 45 minutes press conference at prime time on State TV, supposedly on the coronavirus, but mentioning as well Government projects, defending ministers criticized by a report prepared by Commissioner for Standards and publicising Government’s proposals in reaction to the VC Report.
This is described as “Corona Politics”. That is why the Opposition insists that the Chairpersons of these authorities have to be chosen either by agreement, or failing such agreement by the President of Malta acting alone.
The Opposition will not abdicate from its responsibilities in the interests of the country. But it will not allow itself to be bullied by underhand tactics, extravagant publicity at the taxpayer’s expense, intended to stifle any voice of dissent. After all, for any constitutional amendment to come into effect, both parties have to agree. It takes two to tango.