Clifton Grima (right) being sworn in as an MP by the Speaker. Photo: DOI

The Electoral Commission is insisting that Labour MP Clifton Grima’s election last October to fill a seat vacated by Leo Brincat was valid even though his party was not officially registered.

The issue came to the fore earlier this month when it transpired that Labour had not yet registered itself as a political party, in line with the provisions of the party financing law that came into force at the start of last year. The delay was due to some clauses in the party’s statute that were not in line with the law. The party will next month hold a general conference to amend the statute and come in line.

The law in question specifies that “a nomination in relation to an election may only be made in the name of a registered political party” or else by an independent candidate.

Dr Grima had unsuccessfully contested the 2013 general election on the Labour ticket. A fresh opportunity emerged in October 2016 when Mr Brincat, a former environment minister, resigned from Parliament after being appointed to the European Court of Auditors in Luxembourg.

In line with the provisions of the General Elections Act, Dr Grima submitted a fresh nomination to be eligible to contest the casual election on the ninth district. He was officially sworn in as an MP on October 11.

No questions had been raised at the time on the validity of his nomination as it had not yet transpired that Labour’s application for official recognition had been unsuccessful. It was only five months later that doubts on Dr Grima’s status started to emerge. Readers eventually contacted this newspaper asking whether Dr Grima should have been allowed to contest the casual election.

A nomination in relation to an election may only be made in the name of a registered political party

When contacted, a spokesman for the Electoral Commission insisted that the provisions of the General Elections Act (which regard to casual elections) “had been complied with to the letter”. However, no reference was made to the nominations clause (article 12) of the Financing of Political Parties Act.

The controversy was also raised in Parliament on Wednesday by PN deputy leader Beppe Fenech Adami during a debate on the revision of the electoral boundaries. He argued that Dr Grima had contested a casual election on behalf of an “inexistent” party.

Justice Minister Owen Bonnici replied that Dr Grima was elected on the strength of the votes won in the 2013 general election. He also said that, in a casual election, a candidate applied in his personal capacity and not on behalf of a political party.