Former Speaker Michael Frendo presenting the report on amendments to the Constitution by the Today Public Policy Institute yesterday. Photo: Jason Borg

Parliament should be given the structure and tools to enact good legislation and, possibly, have better-paid, full-time MPs backed by an administrative infrastructure that makes them more effective, according to former Speaker Michael Frendo.

He stressed the need to strengthen Parliament’s autonomy, arguing this can be done by giving the institution its own budget and the possibility to control and recruit its own staff.

Moreover, a Parliament made up of full-time MPs receiving higher salaries could render it more efficient and effective, he suggested in a report on possible changes to the Constitution.

“Parliament is the core of our democracy. We need a stronger legislative arm because good legislation makes for good economic development. We also need more scrutiny of EU laws and initiatives being taken. We need to give Parliament the tools to do that,” Dr Frendo said at the launch of the report yesterday.

He is one of the lead authors of the report that was prepared together with Martin Scicluna on behalf of the Today Public Policy Institute.

The report contains a broad list of “issues for consideration” to provide a baseline document for further study by the forthcoming National Convention on the Constitution.

The authors stress that the Constitution should be amended but there is no need for a fundamental redesign as it has served the country well. Provisions that have withstood the test of time should be retained and there should be no legal break whatsoever with the constitutional continuity established over the past 50 years.

“Constitutions represent the institutional continuity of the State. The promise of a Constitution is that the rules of the game are predictable. The more often rules are altered, the less seriously citizens will take them and without proper rules democracy is undermined,” the report states.

It stresses that legal, administrative and parliamentary procedures need to be strengthened and adapted if the Constitution’s provisions are to be fully honoured.

Malta’s majoritarian system of democratic government vests too much power in the hands of the Executive and, specifically, of the Prime Minister, the think-tank notes. It, therefore, recommends a rebalancing of the distribution and exercise of power. “‘Majoritarianism’ – the notion that winning the election entitles the majority, through the Executive, to do whatever it pleases – appears to predominate,” the report says.

The electoral process should also be revised with a view to lowering the electoral threshold for entry into Parliament, it suggests.

The think tank raises the possibility of the establishment of a Council of State to act as the “guardian over the guardians”.

It would be composed of individuals from civil society selected by the President. While recommending a revision of the President’s functions, the report proposes that a former prime minister should not hold such a post to ensure national unity.

The report stresses that the Constitution should serve citizens not the State and it should ensure a transparent, open and accountable system of governance.

In the report’s consideration of political issues, the think tank suggests the country’s national days should be reduced to at least two: Independence Day and Republic Day.

Rules on party financing, once agreed, should form part of the Constitution.

The Constitution’s reference to neutrality is considered outdated by the think tank given the collapse of the superpower duopoly. If retained, the neutrality clause should be amended to reflect present realities.

The report makes various recommendations on constitutional principles, saying certain rights need to be enshrined. The list includes the right to a good administration, which has been repeatedly raised by the parliamentary Ombudsman.

The more often rules are altered, the less seriously citizens will take them

The institute also addresses the issue of separation between Church and State saying the Constitution should recognise the multi-faith nature of Maltese society while noting that the Catholic religion should still be a defining component of national identity.

The process for amending the Constitution should not depend on a referendum but on political agreement, otherwise changes could prove “risky and destabilising”.

The think tank referred to the “botched” referenda on the EU Constitution over a decade ago as an example of how “matters of such complexity” as amending the Constitution do not lend themselves to such a course of action.

The report also speaks about the constitutional convention the government has committed itself to hold. It suggests a process of “listening” to civil society and delegates from established institutions, followed by deliberation by a group of experts.

Proposals should then be drafted by the same experts in conjunction with the Parliamentary Select Committee on the Constitution.

The institute says the President should not be involved in the process due to a possible conflict of interest, such as the issue of the President’s powers.

However, it feels it is important to have “a person of stature” to oversee the convention to defuse any political heat.