Changes in the order of precedence followed during national events reflected Parliament’s standing as the country’s highest institution, Speaker Anġlu Farrugia said yesterday.
He was contacted after Chief Justice Silvio Camilleri complained of having been “relegated” through the changes that now saw his office in fifth place after the President, the Prime Minister, the Speaker and the Archbishop.
“Unfortunately, the end of the year left a bitter taste for the judiciary because of the treatment it received when the government, all of a sudden, changed the order of precedence and the judiciary, as represented by my office, was relegated to a position inferior to that which it has always been acknowledged to merit along the years,” he said when exchanging end-of-year greetings with the President on Tuesday.
Dr Farrugia said the changes followed constitutional amendments unanimously approved by Parliament in August. The amendments recognised the autonomy of Parliament and saw the Speaker replace the Chief Justice as third in line to the Presidency after the Acting President.
He said the changes meant the national hierarchy was now more reflective of Parliament’s standing. “The Chief Justice being seen as ‘higher’ than the Speaker is a colonial leftover, from a time when the governor general came first, followed by the office of the Chief Justice,” he said.
Furthermore, the Speaker was the person who would swear in presidents, so it was only fitting that this office should step in when the President is absent.
Dr Farrugia recalled that similar changes had been moved by the previous administration but had not gone through.
The changes led to some confusion, with some wondering whether an Acting President would still be appointed or the Speaker would automatically assume the office of Acting President.
A government spokesman clarified yesterday that the position of Acting Speaker would remain. The Speaker would automatically become Acting President if the two parties in Parliament fail to agree on a nominee when the President is away or is unable to fulfil official functions.
The government’s decision did not go down well with the Chief Justice, who said it had come “without the courtesy of the slightest advance notice… this is not appropriate, even if courtesy and correctness in the ways things are done might no longer be fashionable in modern times,” he said.
Asked about this, Dr Farrugia said Parliament’s votes were public and transparent. “The decisions made in Parliament are not only communicated to for the public but debates are televised and completely transparent,” he said.
The Chief Justice also lamented during his meeting with the President that his complaints to the Principal Permanent Secretary, Mario Cutajar, had fallen on deaf ears. “After more than one month, I am still without a reply. I am not sure whether I can hope that perhaps courtesy will prevail for the start of the New Year.”
DOI: This is not a relegation of the judiciary
The Department of Information said the changes did not amount to a relegation of the judiciary.
It too pointed out that the Speaker was moved up two places after the recent legislation on he autonomy of parliament, the country's highest instiuttion.
"The Chief Justice is still in the first category of the list. The judges retained their positions and the Magistrates moved up a number of places to reflect their responsibilities," the DOI said.
It pointed out that the new law was common knowledge as the relevant bills were published months ago. The new order of precedence was circulated in early November through the normal channels within the public service, reaching all ministries and departments.