Matthew Xuereb
President not consulted on opposition leader
President Eddie Fenech Adami said last night that he had not been consulted on the Labour Party's decision to temporarily retain Charles Mangion as Leader of the Opposition instead of the newly elected deputy leader for parliamentary affairs Anġlu Farrugia.
He was speaking to The Times after constitutional lawyers raised serious doubts over the correctness of the decision when under the Constitution, it is the President's sole prerogative whom to appoint as Leader of the Opposition in the House of Representatives.
There was certainly a requirement to consult the President on the matter, the lawyers said.
When asked about his position on the matter, the President said he would have to see and would need to look at the Constitution.
Speaking in Rabat yesterday, new party leader Joseph Muscat said the position of Opposition Leader should have, by right, been occupied by Dr Farrugia, who is a member of Parliament. The latter, however, had suggested that Dr Mangion retain the position until Dr Muscat is co-opted to Parliament after the summer recess.
Dr Mangion, former acting leader and deputy leader for parliamentary affairs, was sworn in as Leader of the Opposition by the President after Alfred Sant stepped down just before the Labour leadership election took place on June 5. Following the election of the new deputy leaders last week, Dr Mangion no longer holds any official leadership position within the party.
Yesterday he told The Times he had agreed to remain Leader of the Opposition until September, when Parliament reconvenes, if that was deemed in the party's best interests. He said he also appreciated the fact that this was Dr Farrugia's idea and that he has the backing of the new leadership team to retain the role.
In spite of the understanding between Dr Mangion, Dr Muscat and Dr Farrugia, President Fenech Adami said he had not been contacted by anyone in the Labour party to ask for his advice on the matter.
He was asked whether Dr Mangion could, constitutionally, remain Leader of the Opposition once the Labour Party's new deputy leader for parliamentary affairs was Dr Farrugia.
The President said he would have to explore the issue further and look carefully at what the Constitution says.
He noted that the Constitution makes a distinction between the leader of the party in opposition and the leader of the opposition parliamentary group.
Under the Constitution, the decision on who to appoint Opposition Leader rests with the President and he has to nominate that MP who, in his opinion, is the leader in Parliament of the Opposition.
One constitutional lawyer yesterday drew a parallel between the President's appointment of Dr Mangion as Opposition Leader after Dr Sant's resignation and the current situation in which Dr Farrugia is now next in line to Dr Muscat in the party hierarchy.
As things stood today, Dr Mangion no longer had an official role within the party and, therefore, no credentials to be Opposition Leader, he said.
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In Discussion
21 Comments
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Antoine Vella
Jun 22nd 2008, 12:18
I have sometimes posted on this and other blogs under my name. I live in Balzan, am a former PN councillor and, a few years ago, used to be associated with an environmental NGO.
I am not the "Antoine Vella" who has posted on this particular blog a few days ago.
kevin abela
Jun 18th 2008, 17:33
@antoine vella
But don`t you think that the more you answer and comment about what this lady says the more happier and perhaps popular she is becoming. Do not worry and let it be... if you do not take notice of her comments at some point in time (perhaps) she will understand. We are all united behind our leader Joseph Muscat and that is all we need at this point in time. Once again thanks go do Joseph Muscat for the job he is doing.
Joe Vella
Jun 18th 2008, 15:42
@ Antoine Vella
The MLP needs more than a Salvatur. It needs to hope and a prayer, more than a Salvatur.
Antoine Vella
Jun 17th 2008, 21:33
@ Daphne
"Twillding his thumbs"??!!!??! Dont make us laugh! Our beloved Joseph has only been two weeks in helm and already united the Party after him! Alex Sceberras Trigona , Joe Grima , Maria Camilleri , to name some are all back.And more will come in near future. We are strong and united again dear Daphne! Yes where ever Joseph goes he will find people waiting for him and waving palms. He is our new "Salvatur"!
David Gatt
Jun 17th 2008, 18:38
Look at you Pn fanatics.. you're already in such a panic! Poor you!
eric saliba
Jun 17th 2008, 13:48
apparently malta and the maltese have no other problems to worry about except who should be leader of the opposition. what illegal immigrants? what spiralling inflation? higher cost of living? which broken electoral pledges? this is just another way of diverting the people's attention from the real problems we are facing. give me a break !!
Michael Attard
Jun 17th 2008, 09:48
Potatoe .. Potato!! Who cares!?!
It's not like the parliament is doing any work until October!
D Zammit
Jun 16th 2008, 23:17
@DCG
I simply pity you
Alfred Mifsud
Jun 16th 2008, 21:55
No doubt the Presdient should have been consulted on this appointment but in essence it does not change much. If Labour parliamentary Group have more faith in Charles Mangion than in Anglu Farrugia so be it; the President will no doubt adhere to their wishes.
The more important point is whether the MLP statute permits the appointment as Leader of the Opposiyion of someone other than the Leader or in his absence or inability the Deputy Leader.
Perhaps Dominic Fenech as a former General Secretary of the MLP has credentials to express an authoritative opinion on this point.
L Galea
Jun 16th 2008, 21:47
Is Dr Calleja contesting what is clearly provided for in the Constitution?
Once the MLP Parliamentary group agreed on their support to Dr Mangion, it is obvious that the President will have to nominate or rather keep him as the Leader of the Opposition as he enjoys the support of the Opposition.
I don't think that His Excellency the President is so naive as to appoint anyone else, Dr Calleja.
Alfred Farrugia
Jun 16th 2008, 18:07
Does the Constitution say anything about “a temporary or acting Leader of the Opposition”?
Since the new Leader of the Labour Party is not a member of the House of Representatives, Article 90(2)(a) of the Constitution clearly does not apply.
Does the Constitution make any provisions for the Deputy Leader for Parliamentary Affairs of the Opposition Party? It appears that in terms of Article 90(2)(b), the parliamentary group of the Labour Party [not the delegates] need to let the President of the Republic know whether or not they have changed their mind concerning Dr. Charles Mangion as the temporary Leader of the Opposition, and whether they still prefer him until the leader of the Party becomes a member of the House of Representatives in September.
Dominic Fenech
Jun 16th 2008, 17:52
The whole issue was first messed up when the President invited A. Sant to take the oath of leader of the opposition, because Sant had so totally resigned from MLP chief that the MLP was compelled to appoint an acting party leader.
Daphne Caruana Galizia
Jun 16th 2008, 17:24
@Scerri: for heaven's sake, do you really expect the Labour Party to know anything about correct procedure and formality? U mhux xorta!
@AA Vella: I'm missing serious journalism, too. All we've had over the last few days is group salivation over the man who rode in on a donkey to the waving of palm fronds. It's beyond ridiculous. Perhaps some budding reporter will do what the more senior people have patently failed to do, and challenge Joseph Muscat over his refusal to stay here in Malta and take up his duties at the Labour Party. He insists he will not return before September because he is needed in Brussels in August - the very month when the whole bureaucratic system and the parliament to which he belongs shut down completely and everyone goes off on holiday. He is going to sit in Brussels twiddling his thumbs alone while the party he 'leads' stews in its own juice. That's leadership for you.
A A Vella
Jun 16th 2008, 15:19
To Scerri S:
@Why are you dismissing this as a non-issue? - Because as stated in the constitution, the President nominated a temporary opposition leader and the opposition agreed to keep this status temporarily till September. I do not think that the President should have been consulted on this on the basis that the appointment is till September until the new leader is co-opted to Parliament.
@Is Malta really a 'kollox jghaddi' country? - It would be great if all matters are discussed and scrutinized like this. But I feel that other major issues such as those mentioned before are not tackled seriously.
@How about EU membership? That should have been the biggest non-issue ever. - I agree perfectly. I also feel that the EU debate before the referendum was immature from both ends and also think that the opposition did a mistake when it refused to negotiate with the EU together with the Government. but that’s "aqua passata" now!
We should really learn from this experience and concentrate our efforts on matters which are affecting our daily lives and criticize them maturely and constructively for the benefit of Malta.
Dr. Etienne Calleja LL.D.
Jun 16th 2008, 15:02
@
The President has the prerogative in this case, and he should have been consulted. Period. Whether the President has any difficulty or not in keeping Charles Mangion, is not for L. Galea, or other intellectuals of his ilk, to decide.
There is a legal issue at stake, rendered visible not least by this rather rare happenstance in, what goes for, our political mileu. And whether any issues were dealt with or not by the party in government, is totally irrelevant. So, the paranoid AA Vella, should keep attending those meetings and ought to stay off the bottle, for the manner of his thinking does only honour to his namesake.
Similar is the drivel spewn from Tony Caruana's keyboard, who thinks he has elevated the stupid question of hunting to Constitutional proportions. It isn't. The EU couldn't possibly give two hoots of how and who is nominated Leader of the Opposition.
Scerri S.
Jun 16th 2008, 14:40
This is a question of correctness - of a Republic vs. a Banana Republic.
@ A A Vella et al - Why are you dismissing this as a non-issue? Is Malta really a 'kollox jghaddi' country? It might be 'nitty-gritty' but its still a constitutional procedure.
@Mr. Darmanin - "Missing the days when the press was suppressed perhaps?" Are you serious??? What are you suggesting? No freedom of speech? Incredible.
@ A A Vella again - "It is amazing that time is spent on a non-issue like this when other more important issues are completely ignored" How about EU membership? That should have been the biggest non-issue ever. The new oppositon leader also acknowledged that the anti-membership policy was wrong. So much time and money wasted there... But of course this never occurred to you.
A A Vella
Jun 16th 2008, 14:28
To Edward Darmanin:
The article is making an issue (on a non-issue) and it is an issue to the President because the President stated that he will be looking into the matter.
On the final point, no, thank God the suppression days are over. What I am missing, or rather looking forward to, for the benefit of a healthy democracy, is for some serious journalism that has the guts to question and criticize the Government in the same manner as they do to the opposition. What I am seeing lately is a strong focus on the opposition as if the opposition is running the country but when it comes to governmental issues (like the PFP matter), these are mildly mentioned and barely criticized.
tony caruana
Jun 16th 2008, 12:55
Yes but then again no one told The president that the EU fooled him in the Hunting issue. So what's the big deal
Edward Darmanin
Jun 16th 2008, 12:20
To AA Vella.
Who, may I ask, is making an issue ? Have there been protests, has the PN disagreed with the idea? Where is this issue you are complaining about? This is just an article regarding the legality of a procedure? Fair enough. That's what journalists are for. Missing the days when the press was suppressed perhaps?
A A Vella
Jun 16th 2008, 11:01
It is impressive how much time and effort is wasted to try hard to put a bad light on the opposition while leaving the government scot-free.
Journalism is becoming a joke. Important issues such as the following are completely ignored:
the government recent statements on the income tax, healthcare, etc. vs the political promises before the election,
The Partnership for Peace issue,
MEPA, the exploitation and speculation of the limited land we have, excessive vacant and over priced properties,
Mistra case and other issues.
What is the purpose of this article?? It is evident the Dr Mangion’s position (who was recently appointed by the President to act as a temporary opposition leader in view of Alfred Sant’s resignation) is only temporary until Dr Muscat is co-opted to Parliament.
The President is being contracted by his lawyer in this case and it is evident that this is another desperate attach to put down the opposition.
It is amazing that time is spent on a non-issue like this when other more important issues are completely ignored. A case for a hidden agenda??
L Galea
Jun 16th 2008, 10:13
Article 90(2)(a) of the Constitution provides:
Whenever there shall be occasion for the appointment of a Leadre 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; or"
(b) "if, by reason of an equality in the numerical strength of the opposition parties in the House or by reason that there is no opposition party, no person is qualified for appointment under paragraph (a) of this subsection, the member of the House who, in the judgment of the President, commands the support of the largest single group of members of the House in opposition to the Government who are prepared to support one leader."
Since the leader of the party is not a member of the House of Representatives, then Anglu Farrugia is next, but once he declined to accept the nomination in favour of Charles Mangion, there will be no difficulty for the President to keep Charles Mangion appointed as Leader of the Opposition as provided for in Article 90(1)(b).