I refer to the opinion piece titled ‘Cure self-inflicted sickness’ by David Curmi and, in particular, to the portion that refers to the Industrial Tribunal.
The correspondent should, perhaps, have concentrated more on the manner in which this government chose to treat tribunal chairs when it made wholesale, unprecedented changes to the panel of chairs as a direct consequence of the change in government than on a provision of the law (the power of the House to override a tribunal award) that has never been used.
Moreover, Curmi’s is an interesting interpretation of the doctrine of the separation of powers. Instead of acknowledging that the complete independence of any judicial tribunal (including, notwithstanding the manner in which this government treated it, the Industrial Tribunal) is a vital part of the democratic State’s make-up, he gives one of the pillars of the rule of law primacy over the others.
What next, allowing Parliament to override the Constitutional Court? Or, taking Curmi’s logic to a conclusion one hopes was not intended, allowing the Executive to wield its power through its majority in the House to do what it likes, when it likes, to who it likes?