Updated Thursday am - The Ministry of Justice said this evening that it will refer its nomination of lawyer Ingrid Zammit Young as Magistrate to the Commission for the Administration of Justice after constitutionality issues were raised.

It said that the issue is one of interpretation of the Constitution but it is taking this step out of prudence. 

The issue was raised because, ccording to a CV issued by the government when the appointment was announced earlier today, Dr Zammit Young was, until today, serving as chairperson of the Employment Commission.

Ingrid Zammit Young

But the Constitution lays down that “A member of the Employment Commission shall not, within a period of three years commencing with the day on which he last held office or acted as a member, be eligible for appointment to or to act in any public office.”

The government pointed out, however, that this was not a blanket ban as the constitution also says that:

"unless the context otherwise requires, the public service includes service in the office of judge of the Superior Courts, service in the office of Auditor General and Deputy Auditor General, service in the office of magistrate of the Inferior Courts and service in the office of a member of the Malta Police Force."

The government also announced the appointment of Caroline Farrugia Frendo, 33, as Magistrate.

Dr Farrugia Frendo, daughter of House Speaker Anglu Farrugia, graduated as a lawyer seven years ago, the minimum period for lawyers to be appointed magistrates. 

Some sources questioned when the seven years start to apply - from the day of the presentation of warrant or the swearing in. Lawyers can only start to practice when they are sworn in by the Chief Justice. Dr Farrugia Frendo was sworn in at the end of February seven years ago.

However the Justice Ministry said Dr Farrugia satisfied the criteria.

Dr Farrugia with her parents, Speaker Anglu Farrugia and his wife Carmen.

In Parliament, the shadow minister for justice, Jason Azzopardi, asked Justice Minister Owen Bonnici whether he had any explanation on whether Dr Zammit Young's appointment was in line with the constitutional provisions.

He also asked if Dr Farrugia Frendo had actually been a lawyer for seven years, the minimum required by law.

Dr Bonnici said he had no statement to make but he was ready to discuss the issue with Dr Azzopardi.

Opposition leader Simon Busutti said this was a serious constitutional issue and the minister should explain, especially as he was still in time to act (as the magistrates have not been sworn in).

Incredible. Asked if today's appointments to the bench were unconstitutional, the Justice Minister refused to reply. https://t.co/3UbtA3fYXs

— Simon Busuttil (@SimonBusuttil) February 3, 2016

The minister made no statement.

CHAMBER OF ADVOCATES' CONCERN

In a statement, the Chamber of Advocates said in was concerned about the way how members of the judiciary were being appointed.

It said it was concerned about the way how the Minister of Justice was continuing to completely ignore the recommendations of the Bonello Commission, which he himself had appointed, as well as its own recommendations, about such appointments.  

This was undermining the government's stated objective of reform.