WATCH | Opposition does not want simple majority anti-deadlock mechanism

Nationalist leader Alex Borg says Opposition will not allow government to steamroll over country to get appointment it wants • Prime Minister Robert Abela says an anti-deadlock mechanism of simple majority like that of the Standards Commissioner would be ‘ideal’

Opposition leader Alex Borg (Photo: James Bianchi/MaltaToday)
Opposition leader Alex Borg (Photo: James Bianchi/MaltaToday)

Nationalist leader Alex Borg has said the Opposition will not agree with an anti-deadlock mechanism allowing for constitutional roles to be chosen through a simple majority.

“I have been clear that we will not allow for government to assume absolute power on these appointments,” he said in comments to journalists outside parliament on Monday evening.

The Opposition leader said the newly introduced mechanism must allow for both sides to rise above political rivalry, insisting it must safeguard the institutions and increase oversight.

“There needs to be a balance,” he said.

Pressed on what kind of mechanism he would like to see introduced, Borg refused to give details.

“First we have to see what the government has proposed,” he said. “With imposition by the Prime Minister, we will not arrive anywhere. I have no visibility as to what the bill contains, and we have to see what it contains. We have to evaluate it, and then we react accordingly.”

Questioned whether him calling for the introduction of the mechanism, after weeks of instance by the Prime Minister and the Justice Minister, Borg refused the suggestion.

“The government as it has shown over the past weeks wants to assume absolute power, and I will not allow government to steamroll over the country,” Borg said. “We saw there was no willingness from government to engage in discussions,” he said.

Borg accused Abela of only caring about party diehards when considering the appointment, citing Judge Lawrence Mintoff’s bombshell letter last week as proof.

“I could have given him 10 names, but he would not have accepted any of them, he only cared about what he will gain,” he said.

Similar anti-deadlock mechanism for Standards Commissioner ‘ideal’- Abela

Prime Minister Robert Abela said he believes convergence can be found between the government and the Opposition on the new mechanism.

Questioned on whether the government will look to adopt a similar anti-deadlock mechanism to that of the Standards Commissioner, Abela said he it would be the ideal mechanism for the appointments of the President of the Republic, Ombudsman, Auditor General, and Chief Justice.

The First Reading of a bill to introduce an anti-deadlock mechanism for the appointment of the chief justice cleared parliament on Monday after it was tabled by government.

The bill to amend the Constitution was tabled by Justice Minister Jonathan Attard. The Opposition agreed to vote in favour on the First Reading—which concerns the title of the bill—as a sign of goodwill since the customary three-day notice was not given. Details of the proposed changes have not yet been revealed. The discussion proper on the bill will take place at Second Reading stage.

On Sunday, Prime Minister Robert Abela, said the bill will include a number of other constitutional amendments apart from the anti-deadlock mechanism, aimed at bringing “stability, certainty and calm to the work of the country's judges.”

The development follows Opposition leader Alex Borg's declaration on Saturday that the Nationalist Party will support an anti-deadlock mechanism following the lack of progress on the new chief justice appointment.

Neither Borg nor Abela have so far indicated what shape or form the anti-deadlock mechanism will take, with Borg on Sunday criticising the prime minister for not consulting the Opposition on the proposed bill.

As things stand today, the appointment of a chief justice requires a two-thirds parliamentary majority, a safeguard that was introduced in 2020 to ensure cross-party consensus. However, failure to agree on a name has created unease and calls for a mechanism that unblocks these situations when they happen.

Any attempt to introduce an anti-deadlock mechanism in the Constitution will also require a two-thirds parliamentary majority, which means a cross-party agreement is necessary.