One of the constitutional roles of a President is the appointment of the Leader of the Opposition.
It is not a simple rubber-stamping role. On the contrary, it is a role where the President enjoys a certain discretion. It has never been used except as a simple statement regarding the person that was chosen but in the current circumstances it may come fully into its constitutional role.
For we are, or can find ourselves facing, a situation where the Opposition is split. In principle, the dissenting members of the Opposition can troop up to San Anton and claim that the current Leader of the Opposition does not enjoy the support of the majority of the Opposition MPs. At that point, the President is supposed to carry out soundings and, if the soundings confirm what has been claimed, take away the designation of Leader of the Opposition and give it to the person who in fact enjoys the support of the majority of the members of the Opposition.
We say ‘is supposed’ because this procedure has never been experienced in the history of the Maltese republic. Nor are we sure it is the members of the Opposition who are supposed to go up to San Anton or whether the President is called upon to inquire about the state of things in the Opposition.
Maybe we should not come to such a state of affairs. Over the past days, efforts have been made to offer mediation but objectively there is an infinite space between Adrian Delia and Simon Busuttil. The past gets in the way, obstructing a clear vision.
The President, of course, can adopt a different way of doing things without necessarily having to use the constitutional privilege – taking soundings, meeting members of the Opposition individually or in small groups, talking to the mediators, encouraging openness and an attitude conducive to dialogue, without imposing any outcome.
The country needs a strong Opposition, even when this is at its present depleted strength. It would be a disaster if the Opposition were to end up in two smaller parties, more intent on fighting each other than in standing up to the government.
But the Nationalist Party in its present state seems in no state to listen to dialogue and words of wisdom. Maybe we will be proved wrong or maybe a mediator will be found to provide each side with reason and understanding.
As is what we all wish for.