‘Persons of trust appointment without public service oversight unconstitutional’ - Repubblika

Repubblika has warned the Speaker of the House that it would be seeking redress in the law courts if MPs approve a proposed Bill which seeks to remove Public Service Commission oversight in the appointment of persons of trust

Plans by the government to legislation so that persons of trust could be employed by the government without the need of the tacit approval of the Public Service Commission would be unconstitutional, Repubblika has claimed.

In a letter to Anglu Farrugia, Speaker of the House of Representatives, Repubblika said that its legal advisors had confirmed that amendments put forward in parliament by Justice Minister Edward Zammit Lewis on 1 July, would breach Provision 110 of the Constitution.

It insisted that the distinct identity of the public service should not be tainted at the discretion of politicians in government.

“We have no doubt that the government is satisfied that the recommended legislation would conform to the Constitution,” the NGO said. “Our legal advisors however insist that if Parliament adopts this Bill, the law would be in breach of Provision 100.”

Repubblika called on the Speaker to inform MPs that if parliament were to adopt the proposed Bill, the NGO would be contesting the legislation in the courts of law, as was its right under the Constitution.