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Michael Falzon | Sunday, 20 December 2009

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Amending the Constitution

Well, well, well! This is how it’s supposed to have happened.
Having no more photos to post on his Facebook site, Karl Stagno-Navarra stares at the ceiling. He has a problem: he needs a good story before the midweek MaltaToday deadline elapses. Suddenly he has a brainwave and decides to phone Labour leader Joseph Muscat asking him whether he has some exclusive comments for him.
Joseph is looking at Michelle, who is tenderly tending to Etoile and Soleil when the phone rings. He asks Karl to give him some minutes before giving him a response. His twins inspire him to seek a better future for Malta’s children and he comes up with a good reply. He exclusively tells Karl Stagno-Navarra that his Labour Party is “in favour of a consensual and more wide-ranging modernisation of the Constitution in order to better reflect the aspirations of our society, and strengthen the Republic we are celebrating this Sunday.” The twins scream with joy at the prospect.
Meanwhile, the previous Sunday – unbeknownst to any political leader on this fair land – the President of the Republic, having taken a shower after his people’s fun run, sits down at his desk trying to write the address that he will have to deliver on Republic Day. Suddenly, there is another brainwave, this time the bolt hitting San Anton Palace rather than the MaltaToday editorial offices. Unprompted, the President decides to say that he believes that “it is time for the political forces of our country to consider the proposal of the setting up of a Council of State which would include, among others, the President of the Republic in office, the Prime Minister, the Leader of the Opposition and former presidents… The Council of State, whose role is consultative, may be of assistance in the decision of various matters that arise from time to time.”
Taken completely unawares by this unexpected and extraordinarily original suggestion from this highly respected force, symbolising our penchant for national unity, both the Nationalist Party and the Labour Party respond favourably to the President’s suggestion… without even bothering to consult their Parliamentary Group or their Party executive, let alone their General Council/Conference or the card-paying party members. On his part, the Prime Minister – peace be upon Him – does not even utter one word about this spontaneous exuberance!
Like all fairy tales, this one is heading for the inevitable end: ‘and they lived happily ever after’!
Is it any surprise that I sometimes suspect that our political leaders think that the ordinary citizens of this fair land are a bunch of puerile idiots who actually believe in fairy tales? But then, why do they dish them to us in this way? Why are the leaders of the two main political parties so afraid of appearing as if they are agreeing on something they thought out between themselves – or retrieved from some long-forgotten drawer – and prefer using the figure (and ‘services’) of the President to hide their blushes?
Our Constitution deserves more respect – let alone my fellow citizens of this country.
Seriously, the Constitution needs to be updated in more ways than one and the innocuous Council of State idea does not even cover the areas where amendments are really needed.
Personally, I think the Constitution needs a serious shake-up and amendments should at least cover the neutrality clause that has been superseded by events viz. the end of the Cold War; the broadcasting clause, likewise superseded by events since the introduction of pluralism in broadcasting; our electoral system, which is proving to be inadequate over and over again; and the constitution of the Cabinet, that is subservient to our inadequate electoral system.
Rather than boring readers with endless arguments, I am just giving an outline of the motives that should inspire these changes.
The neutrality clause makes more than a passing reference to the two superpowers – a Cold War scenario that no longer exists. A new definition of our neutrality in the sense of our being a nation that strives and works actively in favour of peace rather than making a living from wars – as was the case in the past – is needed. Reference to superpowers or current military might should be avoided, to ensure that the clause keeps making sense under changing circumstances.
The broadcasting clause was written on the assumption that broadcasting is a state monopoly. This is no longer the case. Pluralism has brought about a situation that was never envisaged when the existing Constitutional clause on broadcasting was written, let alone broadcasting stations owned by political parties. Serious thinking on this issue is required.
Our electoral system needs to be scrapped. It was originally concocted by our former colonial masters, whose interest was a system that helps in their ‘divide et impera’ strategy and not to put the country’s best people to represent citizens in Parliament. The need of a system that automatically reflects the percentage of votes garnered by each party is paramount. Party lists are inevitable. Whether elections will solely rely on these lists or a ‘mixed’ system where it will also be possible for popular local representatives to be elected is a moot point. Perhaps we should model our electoral system on the German one.
The composition of the Cabinet is restricted to persons who are Members of the House of Representatives. This has not only distorted the distinction between the executive and the legislative arms of the State but has also resulted in the very limited possibility of choice that the Prime Minister has when nominating his Cabinet. Ministers, in turn, continually find themselves in the situation of being unwilling hostages of their voters. We need not invent the wheel and we should look at what happens in other countries, notably France and Italy.
Each of these areas deserves to be treated seriously and openly – not by preordained agreements woven behind closed doors and then force-fed to the citizens of Malta. When, 35 years ago, the Government and the Opposition were discussing Constitutional amendments that led to Malta becoming a Republic – amongst other things – the public was at least aware that these discussions were actually taking place. What was touted as a ‘new way of doing politics’ has, incredibly, made things worse. Now, not only are the people not aware of what is happening behind the scenes, they are not even aware that something is actually happening!
Discussions on such crucial issues should include public consultation with the participation of as wide a spectrum of citizens as possible and dissemination of fairy tales should not be on the political agenda of any self-respecting political leader.
Should not the people be the protagonists of these changes?
The President, of course, can potentially summon his useless council of wise old men… in between bouts of raising money for charity that include toying with fuel-guzzling – and greenhouse gases emitting – expensive Ferraris, obviously unsuitable to Malta’s roads.


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