Prime Minister Robert Abela has replied in writing to the Leader of the Opposition in connection with the process for the appointment of a new Chief Justice, formally asking the Opposition to state its position on the government's proposed nominee, Judge Consuelo Scerri Herrera.

In a letter published by the Office of the Prime Minister, Abela refers to the Opposition Leader's correspondence of 29 January and rejects claims that there was any agreement for the government not to make public the name of its nominee before discussions were concluded. He states that the government had already formally communicated its proposed nominee, Madam Justice Consuelo Scerri Herrera, in a letter dated 28 January, after the Opposition had been informed of the name earlier in January.

The Prime Minister argues that once the nomination was formally communicated, it was appropriate and in the public interest for the government to clarify the name it was putting forward, in the interests of transparency and certainty. He also accuses the Opposition Leader of breaching confidentiality in his own letter by referring to alleged private comments, insisting that he himself had respected confidentiality throughout the process.

While reiterating his willingness to continue discussions on the appointment, Abela reaffirms the government's considered view that Justice Scerri Herrera has all the necessary qualities and credentials to serve as Chief Justice. He concludes by urging the Opposition Leader to inform him, at the earliest opportunity, of the Opposition's position on her appointment.

The Prime Minister's letter follows an earlier communication from Opposition Leader Alex Borg, who had written to Abela insisting that discussions on the appointment should continue.

Borg said the Nationalist Party believed the Prime Minister had breached a "gentleman's agreement" by publicly announcing the government's preferred nominee before talks were concluded, and stressed that the appointment requires agreement between both sides of the House and a two-thirds parliamentary majority, as laid down in the Constitution.

In a letter sent in reply on Friday evening, Borg once again appealed to Robert Abela, in the spirit of what is provided for in the Constitution and in the national interest, as well as out of a sense of responsibility, for discussions regarding the nomination for the post of Chief Justice to continue on a basis that allows for consideration of options capable of securing a two-thirds majority in the House of Representatives.

The Leader of the Opposition stated that it is an established principle, and a practice consistently followed over the years, that the names of individuals being considered for positions requiring consensus between Government and Opposition should never become the subject of public discussion or political point-scoring. This is out of respect for the office itself, for all those being considered, and in order to preserve the dignity and institutional weight of the process, a statement by the PN said.

In this context, it is also noted that this principle is shared by the Chamber of Advocates, which has clearly stated that discussions of this nature should not be conducted in the court of public opinion, but should instead be handled in a confidential and responsible manner, in the interest of the institutions and the rule of law.

The PN leader noted the availability expressed by the Prime Minister to discuss this appointment and therefore reiterated his invitation for the discussion to continue in a serious, confidential and constructive manner, as required by the nature of an appointment of this importance, the PN said.

PM's letter

Opposition Leader's letter