Issue link: https://maltatoday.uberflip.com/i/1206972
10 maltatoday | SUNDAY • 2 FEBRUARY 2020 OPINION SINCE January 12, people have been asking whether the ap- pointment of a new prime min- ister would bring about any meaningful change to our cur- rent political predicament. But of course, the question is being asked here in Malta: a perennially divided country, where answers always vary ac- cording to the agendas of the people providing them. Last Wednesday, for instance, Occupy Justice/Repubblika re- sumed their weekly protests under the rallying cry: 'Noth- ing has changed'. And there were perfectly valid reasons to make that assertion, too; for it does indeed seem that – be- yond certain superficial indica- tions of 'change' here and there – there has been no real effec- tive reform of our institution- al lacunae since Robert Abela became Prime Minister three weeks ago. It is also true that some of Abela's decisions – such as the abortive nomination of Kon- rad Mizzi to head an official delegation to the OSCE; or the lucrative consultancy he was (briefly) given with the Malta Tourism Authority – indicate that the new Prime minister in- tends to continue with at least some aspects of his predeces- sor's direction: including the rather nasty habit of 'reward- ing' backbenchers with plush (and entirely undeserved) public postings… a practice that has meanwhile been con- demned by the Public Stand- ards Commissioner. But to argue so categorical- ly that 'Nothing has changed' – nothing at all – also belies the evidence that we can see all around us. One thing that has certainly changed is the size and atmosphere of last Wednesday's protest itself: which attracted a visibly small- er and more muted attendance than usual. Clearly, some of the anger and excitement that fuelled previous protests has dissipat- ed in the meantime. And grant- ed, this might just be a per- fectly natural consequence of entropy: the immutable law of physics, whereby 'heat' – real or metaphorical – always even- tually levels out to the same, tepid temperature. But part of it might also be a recognition that Abela has, so far, signalled at least an inten- tion to undertake certain re- forms: including his promise to implement all the Venice Com- mission recommendations (de- spite earlier indications that he would do the opposite), and his proposal for a new system to appoint police commissioners. OK, the proposal itself might not be exactly what the Venice Commission had in mind; but then again… that may well be because the system proposed by this Commission would most likely have proven un- workable anyway. We already have the experi- ence of at least two failed at- tempts to impeach sitting judg- es… so we know first-hand that the 'two-thirds majority provi- so' simply wouldn't function in practice. Besides, the two-thirds ap- proval measure does not take into account the (now uncom- fortably plausible) prospect that one party, alone, might be perfectly capable of occupying two-thirds of Malta's House of Representatives. Joseph Muscat himself came close in 2017; and would have come a lot closer had the Con- stitutional Court not trimmed his majority down by three seats. By implication, then, the Ven- ice Commission's proposed model could actually produce the opposite of the effect in- tended: for any future Prime Minister who controls two- thirds of Parliament would, de facto, be a plenipotentiary dic- tator. Nonetheless, Robert Abela's proposed model is not exactly perfect either. As far as I can see, it still retains the Prime Minister's prerogative to make the final decision: which is precisely what was flawed in the previous system, and what needs to change. But it does introduce a vetting procedure, and the concept of Parliamentary scrutiny of can- didates. And unlike the other proposal, it does at least stand a chance of actually resulting in the appointment of a police commissioner from time to time... To me, however, the ques- tion 'what has changed' is by no means limited only to the 'good governance' and 'rule of law' issues raised by the Venice Commission, or complained about by Occupy Justice or the PN. In taking up the mantle of Prime Minister, Robert Abela also assumed responsible for all the government's policy di- rections, in all areas: including, among countless others, the environment. What has changed on that score, I wonder? Well, one small change was announced this week: that the (somewhat contentious) issue of hunting and trapping has been moved out of the Environment Minis- try – where it so clearly and ob- viously belongs – and entrust- ed to the Ministry for Gozo instead… a portfolio which has absolutely nothing to do with hunting and trapping at all. This manoeuvre is already preposterous in itself (I mean: why not shift the Inland Reve- nue Department to the Minis- try for Sports, while they're at it?); but it becomes dangerously absurd when you also consider that the Gozo Minister, Clint Camilleri, is himself a hunter; and therefore is technically re- sponsible for the regulation of his own chosen hobby. Now: in the interest of fair- ness, I'm not going to simply write Clint Camilleri off for this reason alone. I don't know him personally, so I can't exclude that he might indeed possess the necessary detachment and impartiality to regulate this sector (although I have to admit that his past re- cord, as well as his public state- ments since taking over the portfolio, do not exactly fill me with hope.) But regardless of all that: it is still a decision that clearly flies in the face of all known accept- ed practice. Take the case of a judge who is also a hunter, for instance. He would be expected to recuse himself from any case involving hunting… and fail- ure to do so might even result in a mistrial: not necessarily because the judge in question would have been demonstrably biased… but because his own involvement in the issue might raise legitimate public suspi- cions concerning objectivity. Likewise, an MP who is also a professional tuna-rancher, cannot expect to land himself the portfolio responsible for regulating the aquaculture sec- tor… for reasons which are too obvious to even bother men- tioning. The same principle applies just as much to hunting and trapping, or indeed any other activity… regardless of the in- tentions or integrity of the re- sponsible minister concerned. Meanwhile there are other complications, some of which have nothing to do with Clint Camilleri or his hobbies. For while the Wild Birds Regulatory Unit has now been transplanted to the Gozo Min- istry… the legislation that gov- erns it still makes reference to the Environment Minister as the ultimate political authority. This also means that any decision taken by the Gozo Ministry concerning hunting and trapping can (and, one as- sumes, will) be challenged as 'illegal' in court. And while I am certainly no expert in legal matters… as far as I can see, the Gozo Ministry wouldn't have a leg to stand on: for the law, as it stands, requires those changes to be made by a different min- ister. Effectively, then, this decision is not only flawed and abnor- mal by its very nature; like the two-thirds majority proposal before it, it is also destined to fail by virtue of being unworka- ble in practice. But the part that intrigues me most was the Gozo Minister's reaction to the decision. Side- stepping all the above objec- Raphael Vassallo 'The Prime Minister's prerogative' is precisely the problem Following a bachelor's degree in Physical Education at the University of Malta, Sean Abela sought to further his academic career overseas. His decision was motivated by his will to improve the quality of the local sport sector with the influence of the international sport culture celebrated at Loughborough University, an institution with various high accolades for its sport programmes. Sean was selected for a master's programme in Musculoskeletal Sport Science and Health, where he studied with students of varying backgrounds and learnt of approaches presently absent in Maltese sport. For the 12-month duration of the course, Sean crafted and developed an array of skills that changed his perspective of athletic performance. By assessing the athlete's individual physiological parameters via 3D motion cameras, GPS trackers and other new technologies, he established that a clearer picture of the areas hindering an athlete's performance can be collated, allowing for a tailored training programme that can be adapted for the athlete's individual needs and discipline. Technology being the catalyst for his vision, Sean has established and focused his studies on the ways in which these same physiological parameters can be utilised for prevention of injury, as well as the rehabilitation process, where injuries still occur however, a safer return to play is the goal. Sean Abela was a recipient of the Malta Sport Scholarship Scheme financed by the Government of Malta, which was a determining factor for this academic endeavour.