Franco Debono insisted today that the PN executive committee was wrong to condemn him and other MPs over the way they voted in Parliament because the authority to discipline members rested on the Administrative Council.

“The condemnation must be annulled because, according to article 50 of the party statute, cases of discipline are to be dealt with by the Administrative Council and not by the Executive Council,” Dr Debono said.

He was speaking a day before the Executive meets to take what the Prime Minister has said will be ‘important decisions’ regarding the three MPs – Franco Debono, Jeffrey Pullicino Orlando and Jesmond Mugliett. (While not being directly responsible for discipline, the Executive The executive is the body responsible for accepting or dismissing members of the party.)

Dr Debono, a criminal lawyer, further noted that the PN statute says in article 50B that: “in any (disciplinary) action taken by the Administrative Council, the person against whom the action is taken shall be given adequate opportunity to present his defence.”

This, he said, was the principle of natural justice which he had been denied – with the Executive having taken its decision while he was in Parliament speaking on his own motion on reforms to the justice sector.

Dr Debono also noted that the private member’s motion he had written, discussed and presented to parliament, included provisions taken from German legislation which laid down that political parties should establish an internal disciplinary board to maintain party discipline. The members of the board could not be members of the Executive Committee of the party or its branches, nor could they be employees of the party. The members of the board had to be independent and not subject to the direction and control of any person or authority. Furthermore, the proceedings of the board had to be governed by the rules of natural justice.

"The political parties in Malta to date remain the most unregulated bodies at Maltese law, giving the wrong impression that they may be above the law" Dr Debono said.

He noted that the prime minister had said the Executive would be discussing important issues. He hoped these would be issues relevant to the people including the situation in the law courts, the police, prisons and in immigration policy.

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