Issue link: https://maltatoday.uberflip.com/i/1201983
ident – even under the exist- ing laws – already has enough power to intervene. What role do you, as a former President, think the Presidency should play? I won't go into the question of whether Malta needs a 'Sec- ond Republic' or not; because to me, that's just a title. But without any doubt, our Con- stitution does need revisiting. Like any Constitution, ours is ultimately just a tool: and all tools need to be constantly monitored, upgraded and read- justed, to ensure they remain relevant to the changing times. As for whether the President's powers should be extended in times of crisis: I am aware there is discussion about this going on right now; and that, unfortunately, the relevant ex- perts disagree on the matter. This, too, reflects the urgent need for us all to sit around the discussion table, and at least agree on a single interpretation for our existing Constitution. Because the people who hold public positions have no choice but to turn to experts for con- sultation; and what is needed, in those circumstances, is the peace of mind of being able to take the right decisions, on the basis of expert advice. In this case, Prof. Kevin Aq- uilina and Prof. Ian Borg are saying two different things: and both are respected experts in the field of Constitutional law. Where does this leave the de- cision-maker, who must give equal consideration to both views? This is why I believe we have to sit down and address the question of which direction we want our Constitutional reform to go. But while there is certainly room to discuss the powers of the President, I would say that – Malta being a Parliamentary democracy – it is Parliament that needs to be strengthened more. To give but one example out of many: the Broadcasting Au- thority. Along with other im- portant national institutions, I believe it should be Parliament that appoints members of the BA board: as we already do in the case of the Ombudsman, the Auditor General, and oth- ers. Even ambassadors are now selected after a careful process of scrutiny by a Parliamenta- ry committee. How can it be, then, that other institutions that are expected to inspire confidence on a national lev- el – which are also bound by the principles of good govern- ance, and must therefore be seen to be functioning prop- erly – are simply appointed by politicians, with the President's stamp of approval? That, at present, is the reality. As a President, if you are pre- sented with a recommendation by the executive… you simply sign it. There is no room for the President to even discuss the matter; the law allows no space to make any doubts known to the Prime Minister, for in- stance; or to make alternative proposals. This is why I believe it should be Parliament, as the direct representative of the people of Malta, to take such decisions; and the institutions themselves would be strengthened by more Parliamentary input. Chris Fearne had promised a national conference to dis- cuss Constitutional Reform: a promise separately made by Joseph Muscat in 2017. Do you agree that the conference should go ahead, even under Robert Abela's leadership? More than anything else, I agree that all the stakeholders must be given every opportuni- ty to discuss. Whether it takes the form of a 'national confer- ence' or otherwise, the impor- tant thing is that everyone who can contribute to this debate, is given a safe space to say exactly what they think. And that their proposals would be considered, naturally. We cannot just lis- ten, and stop there. But now is the time to give Robert Abela a chance, as new prime minister, to reflect on the task ahead. He must be given the space he needs to lay down his own vision for the coun- try. This is true of any change: even a change of bedroom fur- niture takes time, until you get fully adjusted to it. Let alone a change in prime minister: who has just appointed a new Cabi- net, and must lead both coun- try and party. Are you yourself confident that the necessary reforms will take place? I am, as I said, optimistic. I have a lot of faith and confi- dence in Malta: so much so, that I firmly believe our coun- try can become a model, not just for the rest of Europe, but also for the rest of the world. We are a small, and therefore manageable country: as I like to put it, we could become the perfect laboratory for success- ful governance… testing our own models to perfection, and then exporting them to other countries. But we cannot expect everything to suddenly fall into place in 24 hours, or in a week. So at this stage, I think it's on- ly fair to give Robert Abela a chance. PHOTO BY RAY ATTARD 9 maltatoday | SUNDAY • 19 JANUARY 2020 INTERVIEW Muscat had the perfect opportunity to set the trend and help defuse this culture through leading by example. But there were undeniably other elements in the country that helped foment and aggravate tribalism