The Prime Minister has three days left to split the justice and home affairs portfolios or risk losing the parliamentary support of backbencher Franco Debono who insists the move must take place by the end of the year.

We are late already...

Dr Debono says this “first step” would solve the inherent conflict that exists when the same minister is responsible for the police and for the courts. However, he hopes it would also herald a thorough constitutional and justice reform at a time when the system is coming under increasing scrutiny.

Although discussions between Dr Debono and top-ranking government officials are taking place daily, the impasse is persisting and the government has not yet given an indication as to how it would deal with the problem.

Dr Debono, a criminal lawyer, has long been calling for what he says are “fundamental constitutional reforms” in Parliament and the law courts. But he has come under heavy fire from some Nationalist Party exponents, not mainly be­­cause they disagree with the splitting of the ministry but because of Dr Debono’s insistence, which has placed the Prime Minister in a tight corner.

However, Dr Debono appeared to be insisting on his stand yesterday.

“Everyone agrees these reforms are urgent and essential. Then, let’s do them without delay. I am speaking about the fundamental organs of a democracy and this is no petty issue. We are late already and running out of time,” he said.

“Procrastination has caused a problem and may have damaged its solution,” he added cryptically, implying that he could have been part of the solution but this possibility was quickly being extinguished. Dr Debono, who says Dr Gonzi promised him to divide the ministry by the end of the year but then asked for more time, feels the Prime Minister’s hesitation complicated the matter and deviated attention from the issue at stake: changes to the justice system.

With so many PN exponents now criticising him for insisting on the matter, Dr Debono has indicated it could be difficult for him to accept any position that could be offered by the Prime Minister as a solution. Regardless of his position, it is becoming amply clear that his criticism will not be silenced easily.

“Recently, Fr Peter Serracino Inglott mentioned the Presidential model. In that system you have a President (equivalent to our Prime Minister) elected separately from Congress (Parliament) in two separate elections in such a manner that Congress acts as a strong check and balance on the President due to a stricter separation of powers,” he said.

“I am worried that our parliamentary system is becoming a Presidential system, due to a weak Parliament, but without the safeguards of that system: namely a strong legislature. So we must ensure strengthened institutions in our parliamentary system,” he added, trying to justify his actions.

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