At fifty, Maltese Constitution needs serious review - think tank

The Constitution should be amended and amplified, but need not be completely redesigned, the Today Public Policy Institute said on a report on constitutional reform that has published its final report today.

The 39-page document, ‘A Review of the constitution of Malta at Fifty: Rectification or Redesign?’ addresses key issues on constitutional reform, as outlined in the current government’s electoral manifesto.

The review owes its roots to a proposal by the late Peter Serracino Inglott for an in-depth study into the Constitution.

Amongst the many proposals outlined, the report moots the possibility of giving the President of the Republic executive powers, the formation of a second chamber of parliament, the reconsideration of having part-time MPs and the introduction of unelected technocratic ministers (with limited powers) in cabinet.

Martin Scicluna, director-general of the institute, said that unless the government’s proposed constitutional convention is well run, “its value will be diminished”.

The TPPI said the Convention should consist of broadly three phases: a listening to civil society and to delegates from the established institutions following the wide publication of this report; deliberation by a group of experts, comprising MPs, mayors and representatives of civil society and non-governmental organisations, as well as, importantly, experts in Constitutional law, public policy and political science, together with former Presidents, Prime Ministers, Chief Justices and Speakers of the House who know the Constitution at the rock-face; and the drafting of proposals for change by the ‘Group of Experts’ in conjunction with the Parliamentary Select Committee on the Constitution.

“Every country that tampers with its constitution, does so at its peril,” Scicluna warned. “It is up to the government to decide on how they run the convention. We have simply made suggestions.”

STAND-OUT PROPOSALS

• One national day instead of five separate ones
• Malta retains neutrality but amended as ‘a neutral country within the European Union supporting the EU’s Common and Foreign Security Policy.’
• Party financing rules to be included in the Constitution
• A full-time parliament and specific dates for debate by backbench MPs
• The President of Malta should no longer chair the Commission for the Administration of Justice to avoid potential and actual conflicts, since the Prime Minister advises the President to appoint judges

Speaker Emeritus Michael Frendo, lead author of the report alongside Scicluna, said the report was intended to stimulate public debate. “The report outlines how we want the constitution to look, in the light of our experience, and to produce a document that will stand the test of time in years to come.”

“Our current constitution has served us well,” Frendo said. “The law works. However just because it has served us well doesn’t mean we don’t have to question it.”

As an example, Frendo mentioned the interregnum between parliaments. “We can’t have a three month period where nobody is looking at the laws being issued by the EU... there must be no break in the de jure reality.”

“Legislators should be involved in all stages of the process… in accordance with the provisions of the existing constitution,” Frendo said.

Asked whether TPPI believes constitutional reform ought to be put to a referendum, Frendo opined that this would likely do more harm than good, pointing to the division created by the recent referendum on the introduction of divorce.

“A referendum on changes to the constitution is not required by law, and in any case it cannot substitute the mechanism provided in the current constitution,” he said.