Retired judge insists on ‘consistency’ and ‘respect for tradition’

Retired judge Franco Depasquale said whether it’s head-hunting or a public call for applications, government should always inform beforehand of his decision to appoint a person – no matter whom – and the methodology going to be used.

Depasquale’s comment was made during RTK’s Stampa Ċara. Presented by media expert Carmen Sammut, Depasquale - and Aaron Farrugia, chairperson of the think-tank group Fondazzjoni Ideat – was participating in a discussion on whether government entities should carry out direct appointments without a public call.

The debate was sparked by Petra Bianchi’s appointment as director for environmental protection at MEPA.Bianchi was handpicked without any public call for applications, a decision that fell foul of MEPA’s new direction towards transparency and accountability.

Depasquale explained the Maltese administration is based on the British one: “It is based on the English system where the administration works on trust. But for this trust to be mutual, the administration must show it is serious.”

Depasquale argued that there’s nothing wrong choosing between appointing a person through a public call or head-hunting: “At the end of the day, even when there is a public call and there are 10 applicants, only one is chosen on the preference of the Minister concerned.”

“However, I believe government should let know when head-hunting is taking place and for which post.”

But Farrugia was of a different opinion. He recalled that one of the Prime Minister’s electoral promises was for posts to be awarded through a public call.

“Prime Minister, back then, had attributed MEPA’s problems to the lack of transparency. He had insisted the Authority’s reform would include public calls.

 “But lately head-hunting is on the increase. Bianchi’s case is identical to Ian Stafrace’s appointment as MEPA’s chief executive.”

He argued that public calls stand for transparency and accountability.

The discussion then turned on government’s decision to issue a legal notice that blocked plans by Lidl Supermarket chain to open regularly for business on Good Friday. The decision was taken following GRTU boss Vince Farrugia called for the day to remain “a holy feast”.

Aaron Farrugia said GRTU’s call “in reality favoured commercial interests.” He recalled how in 2008, the same Farrugia had wanted shops to remain open because of the elections.

He claimed that whilst out in several localities, he saw a number of other shops open – the question is up whether the law is going to be consistent or free for all.

“Whilst shops were forced to remain closed, cafeterias and other shops remained open. The Trading Licence Act was changed in few hours to accommodate certain persons.”

Farrugia argued that Malta is now a member of the European Union, and accordingly should keep up with time: “People should be left in the liberty to do choose what they want. If people want to open on should do so. No one is forcing those who do not want to go shopping on to do so.”

However, Depasquale did not agree with Farrugia. He said that ultimately, the underlying matter is not religion. “We live in a society, where the rule of law is sovereign to maintain order. At the same time, government has the duty to enforce laws which are social and cover all social trails.”

Depasquale said the law should differentiate between Sundays and feasts. “I believe that whether they are public, religious or historical feasts, shops should remain closed.”

But Farrugia reiterated that on religious issues “state should not dictate”.