Abela denies 'gentlemen’s agreement' with Borg over Chief Justice nomination

Updated 9.06pm

The Prime Minister on Friday denied that he had any sort of “gentlemen’s agreement” with the Opposition leader regarding the secrecy of the nomination for the post of Chief Justice.

In a letter to Alex Borg, made public on Friday, Robert Abela said that the name of Consuelo Scerri Herrera had been formally communicated to the Nationalist Party leader in a letter dated January 28, following an informal mention on January 12.

“Once the name [of the proposed candidate] had been formally communicated, it was not only correct but also in the public interest to clarify that the government was putting forward this name for this Constitutional role. This would ensure an adequate level of transparency and certainty in the process,” Abela wrote.

On Thursday, Borg had expressed his disappointment with the prime minister over the publication of the prospective Chief Justice’s name, saying the two had agreed to keep their discussions confidential and that no final agreement had been reached.

In his letter, Borg also referred to an issue discussed during the private meeting, which he said could never be a sound criterion for the post.

The PN had published Borg’s letter to Abela following a unanimous decision by the Nationalist parliamentary group on Wednesday night that he should continue discussions with Abela on the appointment.

However, this time it was Abela who expressed concern about Borg’s disclosure. The Prime Minister pointedly noted that any breach of confidentiality occurred in Borg’s own letter, where he mentioned what Abela had allegedly told him.

“If there were any declarations that broke confidentiality, they were the ones expressed in your letter, when in the fourth paragraph you mentioned what I had allegedly told you,” Abela wrote to Borg.

“On the contrary, and in full respect of confidentiality and out of courtesy, I never referred to the difficulties you expressed in convincing others of the nomination. Difficulties that, I am sure you would appreciate, should never have any bearing on the criteria for this selection.”

The Prime Minister said he remained “open to discuss” the appointment of the Chief Justice, but reiterated the government’s “considered opinion” that Madame Justice Consuelo Scerri Herrera “has the necessary qualities and all the credentials required to fulfil her duties in this role.”

Abela concluded the letter by asking for the Opposition’s position on the appointment “as soon as possible.”

Earlier on Friday, the Chamber of Advocates expressed concern over the public discussion of the prospective candidates for the post, warning such a sensitive appointment "should not be politically instrumentalised". 

Alex Borg writes back

Late on Friday evening, Borg wrote to Abela renewing his appeal for talks to continue on options "capable of securing a two-thirds majority". 

The Opposition leader pointed out it was "an established principle" that the names of individuals being considered for positions requiring consensus between Government and Opposition "should never become the subject of public discussion or political point-scoring".

"This is out of respect for the office itself, for all those being considered, and in order to preserve the dignity and institutional weight of the process."

He referred to the Chamber of Advocates which also echoed this principle. 

Taking note of the prime minister's openness to discuss the apointment of the next Chief Justice, Borg reiterated his invitation for the discussion to continue in a "serious, confidential and constructive manner, as required by the nature of an appointment of this importance."