Draft administrative code describes good administration as a civil right

The parliamentary committee for the re-codification and consolidation of laws continued discussing the draft amendments drawn up by the Dean of the faculty of law at the University, Kevin Aquilina.

In principle the members of the select committee agreed that the draft provision specifying that ministers should carry individual responsibility should be included in the Constitution. The draft clause includes the obligation for ministers to resign once a vote of confidence in parliament is lost.

On good administration Kevin Aqulina explained that he has drafted a clause that describes good administration as a civil right. He said that this reflects the EU charter of fundamental freedom. "This clause does not only specify the right of citizens for good governance but also stipulates the obligation of politicians."

The committee is currently discussing the draft administrative code which includes new provisions that specify principles of good administration and individual ministerial responsibility. The committee is chaired by Nationalist MP Franco Debono and comprises government MP Francis Zammit Dimech and Labour's shadow minister for justice Jose Herrera.

During the discussion, Zammit Dimech said that although he agrees with the provision that a minister should resign on losing a vote of confidence, he knew of no situation where a minister did not resign after losing a vote of confidence.

Debono expressed his agreement with Zammit Dimech, but insisted that the culture of individual political responsibility needed to be strengthened through legislation.

Lawyer Austin Bencini who participated in the committee's meeting described the draft code as "revolutionary" and "innovative."  The meeting was also attended by Edward Zammit Lewis who is also a lawyer.

Bencini pointed out that the provision that gives the President of the Republic the power to defend members of the judiciary when their independence is under threat by the executive was "innovative.

Franco Debono said that the draft code "enhances the role of the President of the Republic as the guardian of the constitution" and added that the presidency should not solely be a ceremonial figure. Debono also praised the current President George Abela who he described as a "catalyst of constitutional reform." He added that the process of electing the President is inadequate and needs to be changed.   

Labour MP Jose Herrera said the Maltese constitution was never meant to have a presidency which is solely ceremonial. "Apart from the moral authority the presidency should be vested with more direct powers."

He added that Malta is a young republic and the country needs more time to have "a president who truly is the father of the nation and safeguard the constitution and good governance. The time has come  to add more direct powers to the President because unfortunately, the Maltese political climate restricts the function of the presidency".