Former Nationalist maverick MP Franco Debono, whose vote was instrumental in bringing down the Government in December, will receive €24,000 a year for his appointment as the part-time Commissioner for Laws.
Describing him as a “foot soldier”, the Parliamentary Secretary for Justice, Owen Bonnici, said yesterday Dr Debono was the “best person” to revive a dormant position of Law Commissioner that had been set up in 1980.
He said Dr Debono’s vast experience, especially as the former chair of the Parliamentary Committee for the Re-Codification of Laws, made him the “ideal candidate” for the post.
Dr Bonnici admitted no other people had been shortlisted for the job and that Dr Debono was chosen on the merits of his experience as a criminal lawyer and someone who knows what was happening “on the ground”.
This “on the ground” experience also spurred the Government to exempt Dr Debono from giving up his legal private practice “because we do not want someone stuck in an office but someone who knows what is going on in the field”.
Since his role will be part-time, Dr Debono will receive 60 per cent of the remuneration granted to other commissioners, such as the Commissioner for Children, who receives €30,600.
When asked for figures, Dr Bonnici said Dr Debono would be paid €18,401 a year, plus more than €6,000 in allowances, including a €1,681 expense allowance and a performance allowance of €4,600.
Asked if the Laws Commissioner could recruit his own staff, Dr Bonnici said he would be assisted by a “reorganised” team at the Justice Unit.
Dr Debono would not be able to change or introduce new laws as only Parliament had this power.
He would be responsible for recommending the removal of conflicting laws.
Dr Bonnici said he would consult Dr Debono on legislation that the Constitutional Court deemed unconstitutional and in breach of fundamental rights.
Dr Debono’s appointment was for 12 months and would be reviewed annually, Dr Bonnici said.
Beyond his Laws Commissioner role, however, the more controversial responsibility is likely to be that of coordinating the upcoming convention to review the Constitution.
The Nationalist Party reacted strongly to this appointment, which it described as “divisive” and “insulting to the Opposition”. In a statement, the PN said the appointment did not augur well for the seriousness and serenity with which the revision of the Constitution should be tackled.
It said that, in view of the importance of this process, political wisdom demanded every effort should have been made to build a national consensus.
Instead, Prime Minister Joseph Muscat had, “on purpose”, opted to take “a divisive decision intended to insult the Opposition for political gain”.
In reply, the Labour Party said the PN had “learnt nothing from its past mistakes that have led it to the situation it is in today”.
It said the Labour Government was utilising everyone who had potential and that the PN’s criticism jarred because it was former Prime Minister Lawrence Gonzi who had appointed Dr Debono as chairman of the Parliamentary Committee for the Re-Codification of Laws.
In a blog post, Carmel Cacopardo, the deputy chairman of Alternattiva Demokratika, which is hoping to obtain a change in the electoral system through the convention, also said Dr Debono’s appointment was a mistake.
“In its electoral manifesto, the Labour Party rightly said that the Constitutional changes needed should come about through a discussion involving civil society. Civil society should have been involved in the choice of the person tasked with preparing this convention.
“Whether you agree or disagree with Franco Debono, he is a divisive person and is not, in my opinion, the right person for this delicate task.”