Issue link: https://maltatoday.uberflip.com/i/1536968
KARL AZZOPARDI kazzopardi@mediatoday.com.mt 2 maltatoday | SUNDAY • 29 JUNE 2025 NEWS Government and Opposition locked horns on the Constitution. But what did just happen? GOVERNMENT this week, through a simple majority and following a rul- ing by Speaker Anglu Farrugia, made amendments to the Constitution. The few changes that passed were part of a wider bill that included several amendments concerning the judiciary and the judicial system. Most of the changes failed because they required a two-thirds majority but those that were approved, introduced a new ethics watchdog to make the judiciary more accountable. But it was the procedure used to vote on the amendments rather than the pro- posed changes themselves that raised an eyebrow. After the bill was presented at First Reading stage, the Opposition declared it would not be voting in favour. It ar- gued that constitutional reform should not be done in a piecemeal fashion. With a large number of constitutional articles requiring a two-thirds majority the bill was effectively dead in the water. But the government decided to file a procedural motion, slicing up the origi- nal bill into separate clauses that would be voted upon separately. The govern- ment argued this was a lacuna in parlia- mentary procedure that required fixing. The Opposition argued this course of action went against the Constitution, against parliamentary Standing Orders and against the rules laid out in the Er- skine May. So, happened? Was the Opposition causing a storm in a teacup, or was gov- ernment breaching the country's su- preme law? MaltaToday sat down with Justice Minister Jonathan Attard and Opposi- tion MP Carm Mifsud Bonnici to listen to their side of the story. The amendments Last month, government announced a package of constitutional amendments aimed at strengthening judicial stand- ards and improving efficiency within the justice sector. Attard explained the proposed amend- ments were the result of several months of discussions, during which various re- ports and public addresses, particularly those of the Chief Justice at the opening of the forensic year, were reviewed. The minister outlined key constitu- tional reforms, including the removal of the ban on judges becoming Presi- dent of the Republic and the creation of three sections within the Constitution- al Court to hear constitutional appeals. Amendments also saw the introduction of a Commissioner for Standards of the Judiciary. Government felt it would be getting the Opposition's support for the bill; so much so the Labour Party issued a statement welcoming the agreement. But this was short-lived, with the Op- position calling for a wider debate and saying the government had jumped the gun by declaring an agreement. Which clauses were approved? From the 13 clauses put forward by government, only two were approved through a simple majority—the crea- tion of a Commissioner for Standards of the Judiciary, and a clause allowing the same commissioner to draw up a report which would be submitted to the Com- mission for Administration of Justice. Other minor clauses such as the title of the bill were also approved. The Commissioner for Standards of the Judiciary has the authority to sum- mon witnesses, administer oaths, and compel the production of evidence in a manner similar to court proceedings. The commissioner will oversee dec- larations of assets by members of the judiciary, may act as an independent prosecutor in disciplinary cases, and can issue guidelines on such declara- tions. While the commissioner may in- vestigate allegations of misconduct, no action is taken if the matter is subject to ongoing legal proceedings. Decisions not to pursue investigations must be communicated in writing to relevant authorities. The Chief Justice and the justice minister are not bound to follow the commissioner's recom- mendations. Carm Mifsud Bonnici: 'Government was humiliated' Opposition MP Carm Mifsud Bonn- ici said the government's approach to constitutional reform fell short of de- livering meaningful improvements to the judicial system. He argued the in- struments being proposed lacked the necessary impact to achieve the shared goal of a more efficient and accessible judiciary. "We wanted to contribute to improv- ing these legal provisions," he said, while criticising the government's de- cision to proceed without cross-party consensus. Mifsud Bonnici expressed concern over both the substance of the reform and the procedure used to pass it. He criticised the government for altering the voting process mid-way through the legislative stages, saying the vote should have been taken on the bill as a whole, rather than through individual clauses. He acknowledged the Speaker's role in the process, saying Farrugia acted appropriately by determining which articles required a two-thirds majority. However, he stressed that constitution- al amendments should be carried out through collaboration between both sides of the House. "This is an amendment to the coun- try's supreme law," he said. "It should have involved dialogue, not unilateral action." Mifsud Bonnici said the outcome of the vote highlighted the failure of the government's strategy, as most clauses were ultimately not approved. "Govern- ment was humiliated." Mifsud Bonnici added that the gov- ernment should have withdrawn the bill when it became evident it would not ob- tain the necessary two-thirds majority. Asked whether the Opposition's stance was intended to obstruct gov- ernment for political gain, he dismissed the suggestion, saying the intention was to assert the role of the Opposition in parliament. "Malta needs an Opposition, and there is one," he said. "We have made that clear." Jonathan Attard: 'Opposition inconsistent in its actions' Justice Minister Jonathan Attard said government is firm in its belief that the procedural motion was fully in line with the Constitution. "This view is supported by the Speak- er's ruling and further affirmed by the President's decision to sign the bill into law," Attard said. He also slammed the Opposition's inconsistency in voting against the proposed amendments. "[The amend- ments] were the result of extensive con- sultation with the judiciary and their association," he said. Attard also welcomed the introduc- tion of the Commissioner for Standards of the Judiciary. "This represents a significant consti- tutional development, and we look for- ward to its implementation," he said. Left to right: Opposition MP Carm Mifsud Bonnici and Justice Minister Jonathan Attard