Shooting the Second Republic in the foot

If there was one appointment which should have been done through consensus with the opposition, it was that of coordinator of the constitutional convention which has been entrusted to maverick former MP Franco Debono.

James Debono 25 March 2013, 12:00am

4 min read

Former MP Franco Debono

During his first two weeks in government, Joseph Muscat has sent a number of positive signs.

On an ideological level he has sent a clear sign of secularisation by making it clear that the new government will renegotiate the church-state agreement to restore the primacy of the civil courts over ecclesiastical courts in annulments.

Moreover, the fears of a vindictive Labour government evoked by a lame attempt by the PN media shenanigans to instil fear of a return to the 80s have been exorcised once and for all. We can simply move on.

Where the new government has brought little change is the way appointments are done. The only positive exception so far was the appointment of Giovanni Bonello, former judge of the European Court of Human Rights, to head a commission to recommend the reform of the justice system.

By appointing their own in key posts, Labour is following the script of post-1987 Nationalist governments, but the Malta Taghna Lkoll mantra and emphasis on meritocracy did instil a degree of hope that things will start to change.

James Piscopo's appointment in Transport Malta was perfectly legal but the sudden shift from occupying the post CEO of the Labour Party to that of CEO of a public authority jars with idea of keeping state and party as distinct as possible.

Still, I am not sure whether Piscopo's appointment is any worse than the appointment of PN-leaning businessmen as chairpersons of various public authorities over the past decades, a policy which created a widespread perception of conflict of interests, confirmed in the oil procurement scandal.

In fact the appointment of Labour-leaning (now former) businessmen in sensitive posts like that of Keith Schembri as the PM's new chief of staff, and Nexos's Silvio Scerri as chief of staff for the home affairs minister Manuel Mallia, should be of more concern than that of Piscopo's appointment.

But the most controversial appointment made in the past days was that of Franco Debono as the person responsible for coordinating the new constitutional convention.

I find nothing improper in Franco Debono's appointment as Law Commissioner, responsible for fine-tuning legislation.

This would have passed as yet another direct appointment by government aimed at co-opting former PN dissidents. Debono's appointment follows Muscat's reconfirmation of fellow backbencher Jeffrey Pullicino Orlando as chairman of the Malta Council for Science and Technology, a decision announced a few days before the election.

Neither can one question Franco Debono's merits in fulfilling his duties as law commissioner, for he already enjoyed the trust of Lawrence Gonzi to chair the committee for the codification of laws.

The problem is the added responsibility given to Debono as the coordinator of the Constitutional Convention, which would be rewriting the fundamental rules governing our democracy.

By its own very nature this Convention, which will be proposing constitutional reforms requiring a two-thirds majority in parliament, needs to be consensual. Like him or not, Franco Debono is not a consensus figure. Debono is in the same shoes Mintoff was in 1998. This should not exclude him from any appointment, but it does exclude him from appointments which by their very nature should be consensual.

It seems that Muscat has preferred to shoot the Convention in the foot, to score some more political points against the PN, which simply does not look good objecting to Debono.

But it was all so predictable that the PN would take such an appointment as an affront.

If Muscat had the interest of constitutional reform at heart he would have consulted with the PN and AD to appoint someone who enjoys the trust of all parties represented in the electoral process, including the 5,506 voters who voted for the greens.

For the Constitution belongs to us all.

My worse fear is that talks on important reforms like that of our electoral system will end up stalled simply because of a capricious decision to appoint a broker who is simply not trusted by all sides.

It brings me a déjà vu of Labour's abandonment of the select committee chaired by the speaker to discuss similar reforms in Maltese democracy, after the PN failed to apologize to Justyne Caruana...Is history repeating itself once again?

James Debono is MaltaToday's chief reporter on environment, planning and land use issues, ...

More from James Debono

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If anybody shot himself in the foot it is you James. Looks like you cannot get to grips taht gonzipn is no longer in government, Malta has moved on but you have stayed put wallowing in the politics of the past. Even someone like me who is labour from my mother's womb have come to accept that times have changed and a new way, a really new way, of doing politics has begun. It is not our generation's time but the next one's. Therefore they have every right to map out the route they want, we had our chances, we had successes and we had failures so it is time for us old guard to bow out gracefully but ready to help should our advice be required. There are a lot of us who can still contribute to make this new dream come true but not by imposing our own ideals.

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Mr. Galdes is obviously still on a high and seems to neatly place everyone in the same boat. So be it, but that is not what mature constitutional reform is all about. I am all for constitutional reform that takes Malta's Democracy to the next level, and I will back any proposal I deem appropriate, irrespective of who proposes it, or for that matter rejects it. That, Mr. Galdes, is what a real Maltese is all about, not one who simply cannot get enough of rubbing salt into the electoral wound and who sees red, or for that matter blue, on everything. And no, I am certainly not in favor of blocking good constitutional reform because Debono is coordinating it, but neither do I feel that a person who called a sitting Prime Minister 'Hitler' or who threw embarrassing tantrums every other day (no matter ho right he may have been), is the right person to coordinate this process. It is as simple as that.

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Despite the mudslinging contest going on between the supporters of both parties, the reality is that none of them have anything to gain in reforming our electoral system. One or the other party will always look for ‘ix-xara fl ghagina’ be it called Justyne Caruana or Franco Debono, to torpedo the process before it even begins as long as the means justifies the end. And by end, I mean shelving this matter till after the next election and then the one after next. At least, it does make for hilarious reading which of the 2 parties possess the better democratic credentials.

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To dgriscti: We know about the 2/3 since it is possible that some people perhaps unbeknown to you have read law as far back as the mid-70s and some know about entrenchments too so please spare yourself calling people daft. I for one would have thought the pn would have done itself much better to bury the hatchet and be seen to be voting be it in favour or against, on a matter of SUBSTRANCE of the proposals and not on whether it had any sympathy or liking of or not of any person who was forming part of any commission. dgriscti beautifully encapsulates the pn-ner midset: It is who you are not what you say. Prosit for yet again re-affirming a point Mr. Griscti which got you all the proverbial boot. And when people disagree with you call them petty. It should work wonders for you. Mela la ma ridtx jahdem Gonzi mieghu u dawk li lil Gonzi kienu jmexxuh minn imniehru ma jista' jahdem hadd ghax il-maturita' tirrekjedi li jekk ma nilghabx jien ghandi xi dritt bhal li kieku nhassar. Dik serjeta' u livell ta' politika eh?

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What few understand is that this is not about who won the elections etc. Constitutional reform is everyone's business, which is why Borg Olivier and Mintoff were wise enough to impose a 2/3 majority in Parliament for any constitutional change to be approved. You can hardly be taken seriously if, on the one hand, you say that you wish to examine constitutional reform, and on the other you nominate a highly divisive figure to lead the process. To me it is pure doublespeak, and an insult to the intelligence of the Maltese people.

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A government of pure Doublespeak. George Orwell would be proud! Meritocracy = We reward those who do our bidding. *M*alta *T*aghna *L*koll = *M*alta *T*al-*L*ejber

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Sorry Gecko, but I don't hide behind pet names, so anyone can check if I was or am in any manner or form involved with the PN. The answer is negative. Time will tell who was befuddled on this issue. I believe that constitutional reform is necessary, but trying to force it through by provoking the PN can hardly work wonders!

Joseph Sant •

@dgriscti, (1) Thank you for complimenting my alias. (2)Are you an official spokesperson for the PN? (3) If yes, I stand by what I said - stamp your feet and act childishly to hinder any reform and you can kiss the government benches goodbye for the next 50 years at least. (4) If the present government did not intend to usher reforms it would not have proposed a constitutional convention in the first place. (5) In case you hadn't noticed, the PN stopped being in office on the 10th March 2013. (6) Your logic is somewhat befuddled.

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Why not Dr. Franco Debono does not Malta belong to him as well? As far as the PN is concerned, hopefully in a few weeks there will be a new leadership and maybe a new way of doing politics.

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Perfect alias 'Gecko'. It is clear to me that Franco Debono's appointment is designed to provoke the ire of the PN, so that the Prime Minister will have the excuse not to change anything....and blame the PN for it. Quite ingenious actually, but most can see through it by now. A pity, because it will be a wasted opportunity, but you don't try to achieve consensus by provoking people.

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Certainly James Debono does not expect to hear the expression "LP is in government but we (staunch PN) are in power". This system has been played to perfection by the long tenure of the PN governments. Regarding the Constitutional Convention, from what I read, this would take the form of an open debate, to which contributions are made by individuals, groups, etc - a public consultation. But that is not the most important part of the story. Any constitutional amendment, where a 2/3 majority is required, has to have the votes from government and opposition. It is here where the buck stops. Most probably a commission from both sides of the House would be set up to tinker out and agree on amendments, with frequent referring backwards and forward to the respective parties. There is no other option if the whole exercise is not to remain an interesting but ineffectual debate. This is an amending exercise not a whole new setup. So I cannot really understand why it should be the 'Second Republic'.

Joseph Sant •

I suppose if instead of Franco Debono the Prime Minister had chosen someone from AD it would have been fine, right? Let the PN walk out on the constitutional talks, let them stamp their feet like little kids and they will not see the government benches for the next 50 years. Also Mr Debono, would you kindly point me to any blogs or articles you may have written when Dr Eddie Fenech Adami was appointed President of the Republic against everybody's wish - including a great many Nationalists?

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The only petty people are the contributors below. They fail to understand that constitutional changes cannot be approved by a xarabank or maltatoday survey, neither by a referendum. They can only be approved by a 2/3 majority in Parliament. Got it geniuses! Moreover, does anyone actually believe that appointing the person who brought down the Gonzi government can ever be considered a consensus person? His appointment is a clear indication that the Prime Minister is not at all serious about his previously declared intention of wanting constitutional reforms etc. Clearly that was one for the gallery, especially the traditional PN voting gallery that were swayed to vote PL this time. Nothing wrong with that....that is politics, but only daft people would not understand why Debono was appointed.

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Li jghid Gonzi u l'Emmisarji tieghu ILLUM , kif darba qal fuq Dr. Franco Debono , li fl-ahhar mill ahhar gie fi kliemu hu IRRELEVANTI! X'jipretendi Gonzi jew il-PN li mill Opozizzjoni jinnomina hu min imexxi? Mhux kullhadd ra ir-rizultat tat-tmexxija ta' Gonzi , JEW TA' MINIMEXXI IL-GONZI? Mhux maggoranza ta' vot , lanqas ta tnejn imma ta' aktar minn 37,000 vot! Dan hu il-messagg tal-Poplu ~ BIDLA mit-talent limitat li kien imdawwar bih Gonzi ghat TALENT BLA LIMITU LI HEMM FIL MOVIMENT GDID ta' Dr . Joseph Muscat fejn MALTA TAGHNA ILKOLL u mhux ta' min imexxi il-PN, u mhux ghal Dr. Gonzi qieghed nghid!

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"But it was all so predictable that the PN would take such an appointment as an affront." So what! If they cannot stomach the best brains for the job, just because they had him in their hand, and blew him away, than it is their stomach's problem. Certainly not that of Maltese of goodwill! It simply shows GonziPN sive SSpn for the incompetent nincompoops that they really are.

Mario Pace •

"By appointing their own in key posts, Labour.." Then what do you suggest that in KEY posts, Joseph Muscat appoints PN leaning persons. JM always said that in CERTAIN boards the people will have their say as well. As for Dr. Franco Debono, he isn't the person to write the changes neede. He is the person to bring forth and organise the meetings needed so that in different fora, discussions, etc the changes needed for the Constitution will come forth. then it's up to Parliament to discuss these changes and vote on them. SO WHAT'S WRONG WITH THAT?

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Completely disagree with this article. The article writer has decided that Dr. Debono is not a consensus figure whereas he should have written that to Gonzi pn-ers Dr. Debono is IRRELEVANTI. 36,000 votes against the said pn-ers mean that the controversial ways Gonzi and his pn-ers did politics is well and truly over and just because they have an ugly case of constipation does not mean that the rest of the country has to feel like them. I for instance, a non-voter WANT Dr. Debono to do what he has been entrusted to do and the fact that Gonzi and his pn-ers take exception to this is a GUARANTEE of integrity and quality, two capacities about which the PN understands zilch. It is also very debatable just because a party issues a statement that such an appointment is an insult, how many of the people are actually insulted. I would probably be insulted by just about anybody appointed by gonzi pn-ers considering the liberties they took with jamming this country for all these years with their hopeless administration of practically anything one can think of. Bondi would be insulted of course. Now that is a marque of quality, an iron sealed guarantee that Dr. Debono is quality through and through that such an inane and ornate dolt as Bondi takes exception to Dr. Debono's appointment.

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Dear Mr Debono, your homily to the foundation of the 2nd republic is a bit contradictory. On one side you label the appointment of Mr Piscopo as legal but a possible volte-face to what the PL is preaching while on the other side cast doubts on engaging Mr Franco Debono as being politically unacceptable even though he is undoubtedly the best man for the job. Really, its time for the PN to move on and say mea culpa for the election debacle rather than to continue demonizing those who tried telling them that the Party had lost all credibility with the electorate, their supporters and, ultimately, with their own parliamentary group. After all, Mr Franco Debono, will not be doing anything than what he had been doing up till the end of Mr. Gonzi’s own legislature. Your critic should be directed to the infantile tantrums of the PN and augur that they soon learn to fulfill the role of opposition, which requires the kind of responsibility and fortitude which had been lacking during the decadent last years of their power.

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Dear James like all Nationalists a thrashing of 35,000 plus majority has not taught you anything. What is this hustle about Franco Debono? You should inform us how many times the ex PM consulted with the opposition in the appointment of key posts. Why should this new office seek consensus for its staffing? For an irrelevant person Franco Debono sure seems to make people like you worry. Franco Debono is controversial you said. Well you are wrong Franco Debono just cannot be digested by the PN. Why? Because he had the guts to say that the king was naked and warned of the impending storm. Consequently he was kicked out of the party. What nettles the PN is that he was a good soothsayer and many are those singing his tune. Yes Labour withdrew from the Constitutional talks because Justyn Caruana was blatantly slandered. This was proven and the government side did not have the decency to apologise, a small example of arrogance. Now if the PN deserts Constitutional talks because they do not like Franco Debono that is just being petty.

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Oh dear Oh dear Oh dear ........ James is still in a state of denial.... wake up James, Gonzipn whom you support has lost the election by a trashing 36,000 votes!! Dr Franco Debono was entrusted by Gonzipn to draft the Party Financing Act; Dr Debono was gien office at Castille by Gonzipn; plenty of PN prominent members are just repeating what Dr Debono was saying months ago as reason for the 'tkaxkira papali'....including Lawrence Gonzi himself. So James what makes you think that Dr Debono is not the right candidate for the work assigned to him? You still consider him as 'IRRELEVANT'? Grow up James.

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james, i am not sure but i think muscat has said that it could be that a referendum would be held after all discussions and consultations about the new constitution are finalized into a final document. now, for the sake of the argument, if the majority of the people vote in favour of this new constitution will the pn vote against it in parliament? do you think this would be wise and fair?