Editorial

The stakes are high. The options few. The matter over who should be the Leader of the Opposition is a constitutional issue that cannot be brushed aside easily and the Office of the President needs to give an explanation as to why Alfred Sant continues to be Leader of the Opposition even after he stepped down as leader of the party in opposition.

The evolution of the post of the Leader of the Opposition has transformed itself into a full-time job over the past 25 years with the incumbent dedicating all available time to effectively run the party and the parliamentary group of the opposition.

All this means that the situation of having the Leader of the Opposition in Parliament without any political status, Dr Sant having resigned from MLP leader on the morrow the result of the last general election was known, is untenable now that Parliament has been convened and is in its full powers.

The situation can only get from bad to worse if any of the two MLP leadership contenders who are not members of Parliament is elected on June 5 since none of them will be able to be sworn in as Leader of the Opposition with immediate effect.

The point at issue is whether the Leader of the Opposition should be Dr Sant or Charles Mangion, the acting leader of the MLP. The President, the government and the opposition seem to agree it is Dr Sant. A reading of the Constitution would demonstrate otherwise.

In section 90, subsection (2) the Constitution lays down that:

"Whenever there shall be occasion for the appointment of a Leader of the Opposition, the President shall appoint:

"(a) if there is one opposition party whose numerical strength in the House of Representatives is greater than the strength of any other opposition party, the member of the House of Representatives who is the leader of that party..."

The present effective leader of the MLP in opposition is, no doubt, Dr Mangion, as the party itself recognises.

Subsection (4) raises another scenario:

"If, in the judgment of the President, a member of the House of Representatives other than the Leader of the Opposition has become the leader in the House of the opposition party having the greatest numerical strength in the House or, as the case may be, the Leader of the Opposition has ceased to command the support of the largest single group of members in opposition to the government, the President shall revoke the appointment of the Leader of the Opposition.

"(5) Sub-article (4) of this article shall not have effect while Parliament is dissolved." So, whereas Dr Sant could remain Leader of the Opposition while Parliament was dissolved, his position has now changed, given that the MLP has a different effective leader, and this will become even more pronounced when the MLP elects its new leader.

The Constitution must be respected as must the dignity and importance of Parliament.

Although the President may want to tread prudently, given the process Labour is going through, there would be unacceptable long-term consequences should the situation be challenged. That is not only likely to certify an unconstitutional situation but may also put the President himself in an awkward position.

In the circumstances, it may not be amiss to adjourn parliamentary sittings to after the MLP leadership election and, in the meantime, hold talks to ensure that even then the Constitution is respected and be seen to be respected.