The way parliament functions should change - Franco Debono

Nationalist MP Franco Debono, the chairman of the parliamentary select committee on the re-codification and consolidation of laws, has expressed his agreement with the declarations of the former European Court of Human Rights judge Giovanni Bonello on unconstitutional laws.

Debono, who has been insisting that parliament must change the way it functions, said that the government is responsible for changing and proposing laws. "The government must make a move and stop procrastinating on such matters," Debono said.  

Interviewed on Reporter by Saviour Balzan, former judge Giovanni Bonello said he is concerned by the fact that several laws that have been declared 'unconstitutional' by the Constitutional courts had not yet been changed by the parliament.

Speaking to MaltaToday, Franco Debono said that the select-committee is currently discussing a new administrative law code which includes a chapter on "unconstitutional laws."

"This is one of the reasons why I pushed for the creation of the committee on the consolidation of laws. The committee not only aims at consolidating and removing unconstitutional laws but there are also whole sections of laws which were never introduced," Debono said, adding that such sections include commercial laws, civil laws and the press law.

Debono also criticised the way parliament's agenda is being decided. In recent weeks, the leader of the house, Carm Mifsud Bonnici came in for heavy criticism for refusing to set a date for a number of parliamentary debates and votes.

Debono has been pushing for a reform in the attitude and mode of functioning of parliament. Among his proposals, Debono believes that standing orders must undergo an overhaul as they have been unchanged for over 25 years. He also put forward the idea of having a smaller parliament with full time MPs.  

Debono added "The way parliament functions  has to change because parliament's agendas should not be decided solely by the government. Every MP must be involved and in recent years we have seen more private member bills being presented. We need to see more of that happen in parliament."

Debono also cited a procedure which has been recently introduced by the English parliament through which a set number of MPs from any party can propose a draft bill of law.

Debono explained that the committee on the re-codification and consolidation of laws has recently discussed and tabled a draft bill on the Gozo court which was firstly proposed by the Opposition MP Justyne Caruana. Debono said that this should be the way parliament works.

The code, which was drafted by the Dean of the Faculty of Laws, Prof. Kevin Aquilina, orders the Registrar of Civil Courts and Tribunals to serve a true copy of its judgment on the Law Commissioner.

The draft code adds that the Law Commissioner shall, by not later than three working dates from the date of service of the said judgment, enter a notation in the Revised Edition of the Laws of Malta.

"Once the Law Commissioner enters the said note in the Revised Edition of the Laws of Malta, the provision or law in question shall cease to be operative from the date of judgment and the said provision or law shall have no legal effect."

The draft code also stipulates that should the Law Commissioner be of the view that the cessation of operation of a law is insufficient to bring the law in conformity to the court judgment, the Law Commissioner "shall draft a bill which gives effect to such judgment." The bill will then be submitted to the parliamentary committee for the consolidation and re-codification of laws and the bill "shall be discussed by the said Committee and, if agreed upon, it shall be given a first reading by the Chairman of the said Committee, with or without modifications."