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Car parks privatisation: Speaker turns down Opposition request for urgent debate

The Speaker Dr Michael Frendo.

The Speaker Dr Michael Frendo.

Updated 12.13 a.m.

The Speaker of the House, Michael Frendo, in a ruling just after midnight turned down a call by the Opposition for adjournment of the House to urgently debate a motion on the privatisation of car parks.

In a ruling, delivered after the sitting was suspended for two-and-a-half hours, Dr Frendo said that this was a substantive motion and it had been filed according to requirements laid down in Standing Orders.

Substantive motions did not need to be moved by a minister.Three days notice had to be given, as was given in this case.. 

But the Opposition was wrong to present the motion during the time of uncontested business, Dr Frendo said, quoting a ruling by Speaker Myriam Spiteri Debono.

Furthermore one could not argue that the motion was backed by a majority and therefore had to be debated,  since one could only determine a majority once a vote had been taken. 

Speaker Spiteri Debono, when ruling on an adjournment motion moved by then Opposition leader Eddie Fenech Adami, had said that even if the motion was admissible, it could not be moved at the time reserved for uncontested business.

She had also said that the motion had to appear on the Order Paper.

Such a motion could be put on the Order Paper only by agreement of the House Business Committee or by the Leader of the House. 

The Chair had to follow the existing rules, even though it appreciated that they needed to be updated. At present all the keys were in the government's hands. Standing Orders had actually reserved alternate Thursdays for private business, but unfortunately it had become the practice at the beginning of the parliamentary session to regulate procedure by a procedural motion which further undermined this. 

Since 1976 more than  40 private motions  had been presented but not moved in the House.

Dr Frendo said the Chair supported moved for an updated of Standing Orders.

He said he would be convening another meeting of the House Business Committee on Thursday in the hope that some sort of agreement could be reached between the government and the opposition on this debate.

OPPOSITION'S REQUEST

The request for the holding of the urgent debate  was made in the House by Opposition whip Joe Mizzi and Leader of the House Tonio Borg immediately disagreed.

Mr Mizzi raised the issue just before the end of business, a few minutes before the adjournment of the House was due to be moved at 9 p.m.

He said that it was clear at the last sitting of the House Business Committee that the Opposition's request for an urgent debate was backed by a majority in the House.

He said that the procedures of the House provided that the Opposition and, indeed, any MP, may move adjournment motions. Furthermore, Standing Orders provided that the House may regulate its business and a ruling in February 2009 provided that any Standing Order may be suspended on a motion made after notice when approved by a majority of MPs present and voting.  

The rulings by the current Speaker also made clear that anyone could move an adjournment motion or any procedural motion as long as there was sufficient notice and the motion was moved before the end of business.

On Friday, the Opposition presented a motion that the House should be adjourned for urgent debate of the motion on the privatisation of the car parks.

The Labour whip said one of the roles of the Speaker was to safeguard the rights of the minority. This, however, was a rare case where the minority actually enjoyed majority support, reinforcing its call for urgent debate of the Opposition's motion tomorrow or on any other date which may be agreed.

Leader of the House Tonio Borg said he did not think that Mr Mizzi had a right to move his procedural motion when the House was still debating other business.

The government was not against holding the debate but there was no obligation for the motion on the car parks to be debated immediately, despite the three-day notice. Motions would be debated according to the legislative priorities.

Dr Borg argued that it was only ministers who could move the adjournment motion. Furthermore, the Opposition motion gave no date when the debate on the car parks privatisation should be held. To say 'tomorrow' did not hold water since motions ordinarily carried dates.

Dr Franco Debono said the request also included his motion calling for the resignation of Austin Gatt.

Mr Speaker Michael Frendo said no such request had been made.

Dr Debono said they were related. He insisted that Mr Mizzi was in order when he raised his point. He said the Constitution prevailed over Standing Orders and the Chair should therefore consider that the Standing Orders had not been comprehensively amended for a quarter of a century.

By Dr Borg's yardstick, no motion could be presented without the government's approval. Such argumentation was dangerous.

He said the government stayed in office only for as long as it enjoyed the support of the House, but it had no support on this motion, like it would not enjoy support on the Budget. The prime minister had spoken of the 'moment of truth' and, Dr Debono said, he would reply: 'bring it on'.

Dr Debono referred briefly to the reply of a parliamentary question and said it was contempt of parliament that Richard Cachia Caruana still held the title of ambassador.

Anglu Farrugia (PL) the opposition's motion and the procedurethat was followed mirrored the requirements laid down by Speaker Louis Galea (in 2009).

Mr Mizzi said a procedural motion had been presented and if required, the House should vote on it and that would prevail over anything else.

Dr Frendo suspended the sitting to give a ruling.

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Matthew Grima

Oct 9th 2012, 10:52

"I say one thing, when the election does eventually come i sincerely hope that PN wins. Not because I agree with them but just so that Labour looses."

Everything that is wrong with this country's politics has been summarized in this sentence.

Mr Andrew Camilleri

Oct 9th 2012, 12:57

Chris MIfsud, what is legal is not necessary democratic. Was Mntoff staying in power because he legally could in 1981 also democratic? I don't think so. Your comment just goes to show how GOnziPn is playing around, using rules and regulations to keep himself going at the expense of democracy. Honestly, I never thought Dr Gonzi was capable of defying democracy like this. Dr Fenech Adami should speak up and stop this man from destroying all that was won under him.

Eddy Privitera

Oct 9th 2012, 21:00

Chris Mifsud: The PL can't bring the government down on the car-parks motion. That is not a money Bill.
The government can only be forced to call an election if it is defeated in the Budget, vote of no confidence or any other money Bill.

A. Mizzi

Oct 9th 2012, 09:57


.....and the Members of the House on the PN Back Bench, and JPO the Independent Candidate , do you consider them as allies?

If in the affirmative, well than there is a problem or a CRISIS ,as the Government than has NO MAJORITY in Parliament !

Victor Laiviera

Oct 9th 2012, 09:54

You are missing the wood for the trees. This is not about car parks - this is about the principle of majority rule and democracy.

Brian Gatt

Oct 9th 2012, 10:07

Ivan, now the IVF is important? do you know how long this issue has been pending ? and something is happening thanks to JPO who took it as a personal crusade and the PL who support the concept of IVF.

You PN lackeys are always ready to try and manipulate the facts to your party's favor.

M Farrugia

Oct 9th 2012, 11:17

@Victor Laivier Tghidu x'tghid certa individwi fuq dan il-blog il-verita hija li L.P. ghandu lubliba ghal poter u qed jghmel minn kollox sabiex iwaqqa il-Gvern b'ghajnnna ta dawk li ttradew lil dawk li ivvutawlom. F'Malta l-elettorat jivvota ghal Partit u wara jaghzel lil kandidat dak li jahseb li huwa l-ahjar li jista jafda. Allura dak li qed tghid ma iregix Minghandek nistenna xi haga ahjr u mhux thares sa imniehrek biss. Dwar id-decizzjoni tal-ispeaker jiena nirrispetta ghax mexa fuq dak li ghamel hadd iehor u skond l-istanding orders. Anki hawn imissek taf ahjar ghax Alla jahfirlu l-papa tieghek kin wiehed mill-ahjar speakers li kellu l-parlament Malti u taf ukoll li kien jimxi mal-istanding orders kif suppost.

Brian Gatt

Oct 9th 2012, 15:42

Better elves then lackeys any day

David Caruana

Oct 9th 2012, 08:48

WRONG! This or any other government has a legitimate and democratic mandate to govern for AS LONG AS IT IS SUPPORTED BY THE MAJORITY OF MPs!

These who you call 'renegades' robbed the Governments of its majority.

It is indeed worrying to see democracy being raped so blatantly and you dinosaurs trying to justify such rape.

The real pity is that PL, in my opinion, offers no true alternative for good governance.

Luckily, Malta isn't the only country on the face of this planet where one can settle down ;-p

Anthony Scicluna

Oct 9th 2012, 08:52

To be honest, the 'vote of no confidence' badgering is as shameful and as treacherous as KMB governing with zero votes and against the majority of the electorate. There again, what would you expect from people who take things literally.

Paul Bajada

Oct 9th 2012, 08:52

Democratic laws in 1981 read that those who had seat majority could govern! Therefore the MLP had a legitimate and democratic mandate to govern the country in 1981

May be you forget to mention that these laws were not the fruit of the MLP BUT of Borg Olivier's PN who introduced them!

Besides, you are in no position to give us lectures in democracy where there are various local councils with a PN minority but being run under a PN administrations/local council (as is the case of Mosta and Floriana) where in both occasions the PL has proven electoral majority.

Shame on you and your disinformation campaign!

Victor Laiviera

Oct 9th 2012, 09:23

Wrong, Mr Saliba, fundamentally wrong.

Five years are simply the maximum period allowed between elections. The mandate runs as long as there is a majority in the House - not a second longer.

That majority has clearly been lost, and the mandate with it.

We have an illegitimate Government.

Drocan Lubstuit

Oct 9th 2012, 09:32

Dear Dr Saliba,

So by your argument the PN is a virgin on such matters? Do you not remember that in 1996, the then MLP led by Dr Sant obtained one of the greatest electoral victories in the Maltese political history with a 7,000 votes in majority after bringing back 14,000 from the previous defeat?

With a 7,000 vote majority which equals to about 2 seats in parliament, Dr Sant's government only had to do with a single seat majority.

And what happened in the last election? The PN obtained 1,500 votes votes over the MLP, that's barely a stool rather than a seat, but did not have the majority of seats so much so that 4 had to be allowed for the elected governement in Parliament in order for it to "govern" with a one seat majority, after all the Maltese Parliament usually has 65 seats with MP's being elected in 5's per each of the 13 districts, but for the past 5 years we've had 69 representatives. Remember also that the PN in 2008 did not even get an absolute majority of votes in the said election!

So how do you level the situation of governing anti-democratically between the two parties and the respective governments now Dr Saliba? Both had suffered defeats of some kind, but both were given a mandate as per their constitutional rights.

Can you really point a finger at ANY of the two parties?

Matthew Grima

Oct 9th 2012, 10:39

Drocan Lubstuit, you can lead a horse to water, but you can't make it drink.

Joseph Borg

Oct 9th 2012, 10:07

PERFECTLY WELL SAID and AGREED!

E Schembri

Oct 9th 2012, 11:44

Well said.

This will be my first election where my vote will not go to the PN, having said that, neither will I vote for the PL as some old faces and mentalities still linger on.

Lets hope that AD will not come up with some pre-election stupidity as they currently have my attention.

Mr Andrew Camilleri

Oct 9th 2012, 13:00

Mr Caruana - I am in the same position as you. I was at tal-Barrani and had to run for my life. I got hit at an independence demonstration in Valletta. Only now to see the Nationalist Party under Dr Gonzi being torn apart and making a mockery of democracy. Shame!

A Trapani

Oct 9th 2012, 08:14

Not really... One has to work on what he has if what he has was never updated. Same thing with the laws of Malta and penalties given to defaulters. Unless our parliamentarians get on with it and approve updates, we will have to work on what we have.

M Cassar

Oct 9th 2012, 09:01

Are you saying she was wrong back then? If not, then what's the problem? Same rules apply.

ALBERT FENECH

Oct 9th 2012, 10:04

Mr Cassar, if she was wrong, two wrongs do not make a right and if she was wrong and after 30 years the same mistake is repeated - well that speaks for itself. According to the present governing clique, everything about 30 years ago was wrong. So how can it be right now? In 1981, both parties contested the General Election knowing the rules and regulations and accepting them. The result was a quirk but you can't change the goal-posts because you have lost. Eventually, the MLP righted the wrongs because it was and has always been a democratic organisation. The current governing clique has lost its majority in Parliament, will not admit to it and continues to govern in moral illegitimacy.

ALBERT FENECH

Ramon Mangion

Oct 9th 2012, 08:06

M.Dolores, nahseb li JM ilu li qam... huwa GonziPN li ghadu granfat..

John L Galea

Oct 9th 2012, 08:32

M. Dolores: JM ilu jhanbaq imma GOnziPN irid jibqa mwahhal mas-siggu at all costs.

William Caligari

Oct 9th 2012, 09:56

Dolores,

Ma naqbelx mieghek, sorry.

Anzi nghid lil Joseph Muscat flimkien mal-group parlamentari sabiex jibqghu
kalmi u jzommu sod sa' l-ahhar.

Din cara, provokkazzjoni min PN sabiex il-poplu jqum, u jkun hawn l-imkwiet.
Zommu kalmi, l-arlogg dejjem qieghed idur,kontra l-Partit fil-Gvern.

Mr Andrew Camilleri

Oct 9th 2012, 13:03

Nonsense. Where does it say on the ballot sheet that you voting for MPs for at least five years? This is a spin put out buy GOnziPn and you stop saying the same nonsense. A party stays in government as long as it has majority support in parliament. GOzniPN does not have majority supprt and it is defying democracy each day it stays in government. Shame on them!

A Trapani

Oct 9th 2012, 08:11

Waste of time by the opposition supported by the usual rebel.... Elezjoni f'waqta... U dan qed jghidu Nazzjonalist ta vera!!!!!

Richard Caruana

Oct 9th 2012, 07:29

So what was good for Alfred Sant's Labour is now not good for that of Joseph Muscat?

You even describe 'shameful' the ruling issued by Speaker Myriam Spiteri Debono. And we now also know that during Alfred Sant's government we had no right to call it a parliamentary democracy. Good to know at least after 15 years.

How stupid of me not to realise.... of course, those 22 months of Labour government never existed according to PL elves who persist with the mantra that the PN has been in office for 25 years!

Joe Tabone

Oct 8th 2012, 23:53

@ Justin,
One simple question - Is business SAFE with Labour? NO.
Do Labour believe in business, where you can compete in a tender process, in this case 32 tenders? NO.
Labour believe in an unregulated working environment with parkers charging the PUBLIC unregulated 'tips' for using PUBLIC land......................is this SAFE for business!!??

J. Borg

Oct 8th 2012, 23:57

Very correct.....

D. Xerri

Oct 9th 2012, 00:10

WELL Said !
This Instability has been going on for entire months and still the Government did NOT tackle it - Instead he went for 3 months Vacation and NOW the Situation is Even Worse - you can run once from a problem , maybe run twice but it keeps Coming Back to You - Cause You and Only You have to Decide to Solve this Instability you brought forward !

A Trapani

Oct 9th 2012, 08:27

Justin, eternal power does not exist where there are elections held every 5 years and in a few weeks time, we will have elections, hence, your statement does not hold. Also, the issue this time is about car parks and that's where we're wasting time. Regarding to support for the gov, one has to see if a money bill goes through or not which will answer our question. If not, we're all going for elections immediately don't worry and no one can cling to power. The reality is that the government and the country have been performing considering what you call instability. The unfortunate thing is that there are rebels within the party in government who do not care about anything but their own personal agendas.

Brian Gatt

Oct 9th 2012, 09:09

@ Joe Tabone

Is buisness safe with PL? how could you even ask that question? i could re-direct that question is there any buisness under the Pn that is not ruled by the small clique around the PM? I prefer to pay a Eur 1.00 tip to a parker then pay the exorbitant prices the private owned car parks charge.

Victor Laiviera

Oct 9th 2012, 00:21

Tagħmel differenza - għax tfisser sitt xhur oħra ta' pjaċiri u korruzzjoni.

J Busuttil

Oct 8th 2012, 23:48

@ Noel Gatt

So democracy is only one if the Speaker rules in favour of PL. A taste of what to come if Labour is elected.

B. Cachia

Oct 9th 2012, 06:32

What they want to discuss, essentially, is whether the government really enjoys a majority in Parliament or not. That's by no means a small issue, as you know.

A Trapani

Oct 9th 2012, 08:32

B.Cachia.... Then discuss the budget and lets have a vote on the money bill so we will all know and not waste time on a shelved car park motion

B. Cachia

Oct 9th 2012, 08:55

@ A Trapani: That's more than a month away, as you know. The uncertainty as to whether the government is in a position to get anything done in Parliament is not doing the country any good and should be settled one way or the other.

Joe Tabone

Oct 8th 2012, 23:35

Roberto,
You can submit a bid for any one (or all) of these 32 tenders.
This is the way business works...................you don't take public land for free and charge tips to car park users.
It seems that LABOUR is NOT safe for business afterall!

Tony Camilleri

Oct 8th 2012, 23:56

Joe Tabone if you want to do business do it with your own property not with PUBLIC property.

Philip Hili

Oct 9th 2012, 00:29

@ Joe Tabone

Very well said :- "It seems that LABOUR is NOT safe for business afterall!"

Ghalhekk ftit ilu lin-negozjanti qalilhom "inhallukom tahdmu"!!!! Imma mill-kliem ghal fatti, hemm bahar jikkumbatti.

Tinqabdu fi kliemkom stess!!! lanqas daqshekk ma tafu!!!!

J Axiaq

Oct 9th 2012, 00:34

@ Joe Tabone - in the past 25 years the PN was always in govt, except for 22months. Please bear with me and use some logical thinking here, for the past 25 years the PN were happy with the situation of giving away public land for free :) If both parties want to do something good ---> they should both agree to kick away parkers from parking areas that doesn't need any ;) I do not no one to tell me to park in a white box ;)

J Busuttil

Oct 8th 2012, 23:53

@ Mr Joseph Carmel Chetcuti

Of course it could. All that has to be done is Joseph Muscat informs Franco to do so and Fatta DONE.

A Trapani

Oct 9th 2012, 08:39

Just to remind you... A dictatorship is a government that dictates when the people have to do... Just like when the labour party used to only allow his friends to import bulk buying goods into Malta or go beg a minister for a telephone line. If this government was a dictatorship, you wouldn't be writing your opinion on a blog and expressing your opposition on the same government.

daniel farrugia

Oct 9th 2012, 09:12

IVF and cohabitation laws are now urgent!! hahhaha haluna pls

D. Xerri

Oct 9th 2012, 00:03

Tista ghall Darba Tbaxxi rasek u tammetti li L-Gvern Tilef il-Maggoranza Parlamentari ? il-kwistjoni kollha hi dik !
Irrelevanti jekk hux il-car parks, il-budget, il-mozzjoni ta` sfiducja fil-Ministri Austin Gatt u Cassar Etc Etc

joseph borg st john

Oct 9th 2012, 01:30

U ejja Vic int qedd titkellem fuq demokrazija u magorita mela kemm anghdek memorja qasira u dan fi zminkom .

laurent caruana

Oct 9th 2012, 07:42

Mr. Speaker quoted a ruling by the then ex-Speaker Myriam Spiteri Debono. Mela int qampiena wahda tisma???

A Dimech

Oct 8th 2012, 22:05

intom ghandkom sustanza!!

m. borg (slm)

Oct 8th 2012, 22:12

Bla sustanza min jibza jiddibatti l-hniezrijiet li qed naraw.

Mela l-ewwel Joe Cassar sab €8 miljuni zejda fil-budget tas-sahha issa sabu €20 miljun + €12miljun biex jixtri u jikri sparijiet minn ghand bazuzlizimu li sa ftit ilu kien qed jghajjar l-istess gvern.

R. Balzan

Oct 8th 2012, 22:15

Hopeless Labour? Il-Prim dahhal lilu nnifsu f'rokna li difficli johrog minnha. Il-maggoranza tal-membri f'Parlament ghandha dritt li tiddetta HI l-agenda bhal ma ghamel dejjem il-gvern stess meta kellu l-maggoranza. Illum li m'ghandux maggoranza ghandu joqghod ghal dak li jridu l-maggoranza tal-membri. QED.

Stefan Busuttil

Oct 8th 2012, 22:18

Bis serjeta ????? Imma bis serjeta ??? u andek il kuragg tghid li l PL bla sustanza???? pffff

fredu debono

Oct 8th 2012, 22:28

sustanza wahda ghandkom, li ma tibqghux timmuffaw fl-oppozizzjoni.

Mr Alexander Azzopardi

Oct 8th 2012, 22:35

Bla Sustanza >> meta Rcc sar ghadnu poter iktar Mil parliament !

meta titghalem titkelem fuq il politika u tikber tkellem!

Mr Eric Camilleri

Oct 8th 2012, 22:35

Sur Azzopardi Gvern bil-maggoranza u maghqud ma' jibza minn hadd u minn xejn!!!

Andrew Cumbo

Oct 8th 2012, 23:26

Hopeless is our democracy with this PN government, its now 23:25 and we are still waiting for the speaker to give his ruling. Is it a rocket science to make the speaker decide? The 2009 motion states clearly that the majority in Parliament demand and can overrule on any programmed agenda.

Tony Camilleri

Oct 9th 2012, 00:03

Meta se nikbru fredu debono?

Luke Falzon

Oct 8th 2012, 22:04

It was your own government who wanted to privatise car parks! Why are you insisting on calling it a waste of time from the Opposition side?

Joseph Bonnici

Oct 8th 2012, 22:11

As a non Labour sympathizer I can assure Mr.Ellul that in 1987 I voted for democracy. Sadly today what I fought for no longer counts. Yes Mr. Ellul this is an attack on parliamentary democracy. Regarding lessons on democracy neither Gonzipn can give us lectures. Sadly we are in the same state as we were back in the seventies and there is no denying it.

m. borg (slm)

Oct 8th 2012, 22:13

Because there is a motion of no confidence in a minister.

Morons

Pierre Fenech

Oct 8th 2012, 22:29

I agree with you Joseph Bonnici 100%. This is the biggest attck on democracy since the 1980's

Christian Ellul

Oct 8th 2012, 22:42

@ Mr. Falzon, I'm not questioning whether the car park motion should be discussed. I'm questioning why a car park motion should be discussed with urgency when their are other priorities which are much more important in the interest of this country.

When we argue about whether a car park motion should be discussed with urgency its the same as saying their is nothing to be discussed in this country which is more important than whether public car parks should be run by private companies or not. If we sincerely think this matter should be treated with urgency than we are out of sync with the world we live-in. Other than that the only other justification to this matter being treated with urgency is political opportunism.

Andrew Cumbo

Oct 8th 2012, 23:34

Is it democracy to take public land and give it to who you decide Mr. Ellul? Or worse set things by yourself because you are the Transport Minister, and decide as this land was his own land? And how is now you are aware of the fiscal, banking and EU recession, Where were you when this government granted himself €500 a week?

Tony Camilleri

Oct 9th 2012, 00:05

If you want fiscal union emigrate to another eu country because Malta does not want it.

Mr Eric Camilleri

Oct 8th 2012, 22:37

Mr.Azzopardi,

Your comment is a picture what is happening now. Past is past now its gone!

G Schembri

Oct 8th 2012, 22:45

Which Labour government? The 96-98 or the 80s Labour government? Let me remind you that in 1998 Alfred Sant with only one member voting against him or abstaining resigned and called an early election, since he said he couldn't govern in such a manner, but then Alfred Sant was not clinging to power no matter what.

Roberta Sciberras

Oct 8th 2012, 22:48

The only difference, and believe me in a Parliamentary democracy it is a very BIG difference, is that back then, if motions were thrown out they were so thrown out by a majority of votes. The present administration does not even want to face the motion because it knows it does not command a majority of the House. In a nutshell that is the hallmark of a totalitarian state.

Joseph Mifsud

Oct 8th 2012, 23:28

You are so pathetic....

Julian Borg

Oct 8th 2012, 22:05

36 small minds if they all think the car parks debate is urgent!

m farrugia

Oct 8th 2012, 22:10

mela vera parlament baqq ghandna, panic u dillirju fuq erba car parks, ahjar inkomplu nirsistu fuq il jobs u l-ekonimija ghax dalwaqt nispiccaw bhal barra bla xoghol u b ruxmata taxex

G Schembri

Oct 8th 2012, 22:49

@ julian Borg and M Farrugia - maybe the carpark issue is not important for you, you will only realise how importat it is when you will have to pay a daily 3euro to park your car for work. What is urgent in your opinion a pre election Budget which will not pass since Austin Gatt will still be there?

anthony bartolo

Oct 8th 2012, 22:36

Still thirsty for power .............. keep on dreaming................what you think is so near is far far far aaawwwaaayyy.

Anthony Scicluna

Oct 8th 2012, 22:05

Especially when you consider that the present motions including the budget are trivial in relation to a shelved project about privatisation.

A. Mizzi

Oct 8th 2012, 22:32

Will he bite the hand that feeds him?????

G Schembri

Oct 8th 2012, 22:51

What Budget Mr Scicluna, Dr Gonzi and the majority of the Maltese know the Budget will not pass, since Dr Debono said he will vote against it if Austin Gatt is still a Minister.

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