The Chamber of Advocates this evening asked why the Commission for the Administration of Justice had been requested now to give an opinion on the nomination of a magistrate, after the nomination was announced, "when it is clear that the Commission for the Administration of Justice cannot in any way vary what is written in the Constitution and cannot in any way repair the damage done."
The Chamber was commenting on the ongoing controversy over the nomination by the government of lawyers Ingrid Zammit Young and Caroline Farrugia Frendo.
After the controversy which erupted yesterday, the prime minister asked the Commission to examine the nomination of Dr Zammit Young, amid concerns that she may be constitutionally ineligible because of her service as head of the Employment Commission.
In a statement, the Chamber said the problems that have arisen concerning the nominations of members of the judicature are a direct consequence of the government’s refusal to change the manner in which the judicature is nominated and chosen.
"With adequate scrutiny, which is not conditioned by any external pressures or considerations, all this would not have happened, and the recommendations made would be based not only on competence but also on the qualifications established in the Law."
The Chamber of Advocates said it was also disappointed that the practice used in the past whereby the President of the Chamber of Advocates was consulted before nominations were effected, is no longer being followed.
This practice in itself, was also an instrument whereby any controversial nominations could be avoided, the Chamber said.