The Malta Independent 25 April 2024, Thursday
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PD questions motives and timing behind Prime Minister's drive for constitutional reform

Saturday, 17 February 2018, 10:32 Last update: about 7 years ago

The Partit Demokratiku has questioned the motives and timing behind the Prime Minister's drive for constitutional reform.

"While constitutional reform has been one of the pillars of the Partit Demokratiku since its inception, it is doubtful that an OPM regime with numerous corruption scandals hanging over its head will attempt to implement the necessary checks and balances to create a guarantee of good democratic governance for the future."

The PD said that there are "numerous systemic issues on this island which need to be addressed and a Constitutional Reform alone will not ensure Rule of Law and Good Governance."

"An improved constitution as envisioned by the Partit Demokratiku mirrors the principles and values of a pluralistic civil society and the desires for Malta held by citizens of conscience. True separation of power through the four pillars is paramount and these checks and balances must truly work. Institutions which have long been victims of political bargaining and influence, including the civil service and established authorities, need to be granted guarantees of independence and autonomy from any possible political interference. The appointment and dismissal/impeachment of the Police Commissioner, Attorney General, Auditory General, Judiciary, Army, Malta Secret Service and FIAU among others, need to be free from the remotest possibility so as to ensure that the people who get the job are the very best, and will not close a blind eye to corruption and misdeeds."

They said that Parliament's role must be strengthened both in-house, and also by extending proportional representation in the election of its members, the PD said.

They said that the AG cannot be both prosecutor and counsel to the government. "Two separate offices must be established: one for Solicitor General and one for an AG who prosecutes. This must be further enforced by giving magisterial powers of prosecution."

PD is of the opinion that a healthy environment must become a constitutional right. "This should be a basic right, along with the other fundamental rights, for each citizen. It is also high-time that governments must be constitutionally held responsible to safeguard and improve the environment for present and future generations."

"Much is being stated about the possibility of elevating the President's status to that of an executive level. PD notes that the President is not an elected representative but an appointed one. The role of the President must not remain a decorative role as it is at present but this stately role must be prudently proactive."

"It has been said by the Labour Party in government that efforts are being made behind the scenes to revise the constitution to the satisfaction of all, and yet if the process is happening behind closed doors, it seems that the Prime Minister already has a very good idea of what he wants the outcome of the process to be."

The PD asked: "Which is the Constitutional model that the PM has looked at? Is a Parliamentary Committee going to be involved?"

The party expressed their wish for a constitutional convention to take place," free of the political domineering or games of the major parties. The outcome should not be put to a simple yes or no via a referendum, which would pervert the process and oversimplify it."

Partit Demokratiku believes that the constitutional convention, with the blessing of the political parties, must come from below, and not from above, so as to avoid the interests of lobbies and shadow brokers, and the pulling of strings to create loopholes to be exploited.

"Given that the Prime Minister intends to step down early from his post, and given the timing of this so called constitutional convention, which is no convention thus far at all, the Partit Demokratiku hopes that no moves will be made to have an executive presidency under Joseph Muscat. The President must be a unifying figure who serves the purpose of conflict resolution, and power must be decentralised away from the key posts in the country. As the third party in parliament Partit Demokratiku will strive to ensure that the proposed constitutional changes mirror the current and future needs of the country and an emphasis on checks and balances and accountability should be the order of the day."


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