The decision to give Marie-Louise Coleiro Preca a wider remit has raised eyebrows in some quarters given the constitutional strictures of the president’s role. Photo: Mark Zammit Cordina

Ever since the birth of the presidency 40 years ago there have been sporadic suggestions to invest the State’s highest office with more powers.

The most concrete attempt came in 1994 when the White Paper Il-Bidla Tkompli had suggested the president be elected by an electoral college that included mayors and would be responsible for appointing certain commissions.

Nothing ever came out of that proposal, but 20 years later Prime Minister Joseph Muscat has rekindled the debate with his decision to grant President-designate Marie-Louise Coleiro Preca a wider remit.

The decision has raised eyebrows in some quarters given the constitutional strictures imposed on what has always been perceived as a ceremonial role.

It is unclear what the government has in mind when it says the new President will be “in charge of” (ikollha taħt idejha) a number of commissions, according to constitutional law expert Ivan Mifsud.

As things stand today the president already chairs the Commission for the Administration of Justice, a constitutional body, and Dr Mifsud believes there is nothing to stop laws being passed or changed to include other commissions.

The president is part of the executive, according to the Constitution, but Article 85 explicitly states that “in the exercise of his functions the president shall act in accordance with the advice of the Cabinet”.

Apart from certain circumstances, such as the dissolution of Parliament and the appointment of Prime Minister when he shall act on his own judgement, Dr Mifsud says it is compulsory for the president to follow Cabinet’s advice.

This raises the question of how Ms Coleiro Preca’s new duties will fit in with the current constitutional and legal provisions.

The question is not insignificant since the individual commissions Ms Coleiro Preca will be responsible for are regulated by law and none of them make reference to the president.

Dr Mifsud uses the anti-domestic violence commission as an example. Its job is to make recommendations and, according to the law, is answerable to the minister.

He asks whether the law will be changed to make the commission answerable to the president instead or make the president answerable in some way to the minister. The last option is not recommendable, he insists.

“Time will tell, depending on how the term ‘in charge of’ is implemented in practice,” he argues.

However, Dr Mifsud points out that the commissions listed by the prime minister do not have any decision-making role.

“They just recommend and at most raise awareness. This is important to keep in mind. The president therefore is not being given executive powers as in decision-making powers, as may have been implied,” he says.

The wider remit... was the Prime Minister’s way of convincing her to take up the post- Michael Falzon

In a cautious tone, President Emeritus Ugo Mifsud Bonnici insists he does not know enough about the proposal to be able to comment. His view is symptomatic of the lack of clarity surrounding such an important move.

“But I don’t imagine the Constitution being changed to grant the president administrative powers,” Dr Mifsud Bonnici says.

Former Nationalist minister Michael Falzon, a political commentator, agrees the proposal will have to be given time to see how it will work in practice.

He acknowledges the danger that a president with such a remit could overstep the constitutional parameters that define the role but does not write off the proposal.

“I can imagine a situation where a president does have the responsibility of championing the voice of vulnerable groups in society.”

But apart from the legal and political arguments that can be made to justify the move – especially within the context of the government’s push for constitutional reform that will seek a redefined presidency – Mr Falzon floats the possibility of appeasement.

It is a known secret that Ms Coleiro Preca was reluctant to accept the Prime Minister’s offer to become the ninth president. At 55, she still had a lot of mileage left in her political career and was reluctant to give up her Cabinet post.

“I think the wider remit Ms Coleiro Preca will have as president was the Prime Minister’s way of convincing her to take up the post,” Mr Falzon says.

Irrespective of how this development will work out, it has put Ms Coleiro Preca’s presidency in the limelight even before she has been approved by Parliament. Whether that is a good thing is another matter.

In charge of...

• National Anti-Poverty Strategy.
• Food Aid Programme.
• National Family Forum.
• National Family Commission.
• National commission for the development of a children’s policy
• Commission against domestic violence
• Commission against substance abuse
• Responsible gaming foundation

ksansone@timesofmalta.com