The Prime Minister wants the authority to appoint ministers who are not members of Parliament, which would require a constitutional amendment.

In a book titled The Maltese Legal System Volume Two, Constitutional and Human Rights Law, Joseph Muscat tells the author, David Attard, that he supports the proposal that ministers may also be appointed from outside of Parliament.

If this measure is eventually adopted through constitutional amendments, Parliament should be given more powers to scrutinise ministers’ work, according to Dr Muscat

The book by international law lecturer Prof. Attard, who has served as legal adviser to the Office of the Prime Minister and Ministry for Foreign Affairs, comes at a time of national debate about constitutional reform. Both the Labour and Nationalist parties agree on the need for it but not about who should chair the constitutional convention.

Initially Fenech Adami chose his own Cabinet though later began to involve his deputy

The book offers insights into the way former prime ministers Eddie Fenech Adami and Lawrence Gonzi went about appointing ministers to Cabinet.

Dr Fenech Adami states that initially he chose his own Cabinet ministers though later began to involve his deputy leader Guido de Marco.

Similarly, Dr Gonzi says the Cabinet line-up was his exclusive choice, though he would sound out his political advisers about it.

“Dr Gonzi did consult the deputy leader after finalising his decisions. The deputy prime minister’s opinion on the final line-up and the portfolios was also sought but Dr Gonzi does not recall a single time when they had any serious disagreements,” Prof. Attard writes.

Dr Gonzi recalls that in 2004 he had appointed as ministers MPs who were competent and suitable for the assigned portfolios but who were also perceived to have supported minister John Dalli in the Nationalist Party leadership race.

The pair were known to have a difficult relationship following the leadership battle won by Dr Gonzi.

Author David Attard

Dr Muscat also spoke to Prof. Attard about his belief that politicians should only serve for a limited term.

He has long made it known that he intends to step down after spending 10 years in the role. He told Prof. Attard that he was in favour of limiting the prime minister and MPs to a maximum of two terms in office as well as increasing the President’s powers.

“This limit, in his view, would mean that in the second term more work can be carried out by both the prime minister and members of Parliament as they would not need to devote time and energy to the electoral campaign thereby distracting their attention from government and parliamentary duties,” Prof. Attard writes.

Dr Muscat told his interviewer that an MP elected on the party ticket should not normally be allowed to vote against the party except when an issue in question “was not included in the party’s electoral manifesto and when the MP has an issue of conscience”.

Last November, MP Marlene Farrugia resigned from the Labour Party after voting against the government on two amendments to the Environment Protection Act.

This Act led to the setting up of the Environment Authority, an entity separate from the planning authority, Mepa.

In an interview with the Times of Malta following her resignation Dr Farrugia said there were other PL MPs who shared her views but were afraid to speak up.

Pullicino Orlando missed out on Cabinet appointment

Jeffrey Pullicino Orlando

Former PN MP Jeffrey Pullicino Orlando missed out on a place in former prime minister Eddie Fenech Adami’s Cabinet after initially snubbing the offer, changing his mind hours later only to be told it was too late.

Dr Fenech Adami told Prof Attard that Mr Pullicino Orlando initially turned down the offer of a parliamentary secretariat “for personal reasons.”

“A few hours later he changed his mind but by then it was too late as the position had been filled,” Prof. Attard writes.

Mr Pullicino Orlando was first elected on the PN ticket in 1996.

He was re-elected in 1998, 2003 and 2008, but resigned from the party following an acrimonious fallout.

Recently, Dr Pullicino Orlando said that Opposition leader Simon Busuttil had approached him to once again contest on the PN ticket.

Dr Busuttil flatly denied the claim.