Updated 6.45pm, adds Bernard Grech statement

The Opposition hit out at the government on Tuesday for having decided to go for a so-called SOFA agreement with the United States without consulting it, despite constitutional implications.

It did not, however, say how it would vote should a vote be required in the House.

Times of Malta reported earlier on Tuesday that ministers have agreed to back a Status of Forces Agreement (SOFA) deal that would hand the US jurisdictional powers in Malta, in the hope of securing Washington’s support to help avoid Malta being put on the international money laundering list. A SOFA agreement establishes the rights and privileges of foreign personnel, including the military, in a host country.  Any SOFA deal will have to obtain a two-thirds majority in parliament before it can come into effect

The US Embassy in Malta has not responded to questions about negotiations, instead referring media to the Maltese government. 

In a statement signed by leader Adrian Delia, the PN called for government transparency about the deal.

It said it had not been consulted about the deal, which was of serious concern and which could have repercussions on Malta's relations with other countries. 

"Our country is independent and sovereign, with articles on neutrality and non-alignment in the constitution. A decision such as this by the government will also have an impact on the constitution and Malta's sovereignty," the party said.

The party, therefore, called on Prime Minister Robert Abela to explain the government's position and the impact of its decision.  

The PN statement was also signed by Carmelo Mifsud Bonnici, shadow minister for foreign affairs.

PN leadership candidate Bernard Grech, meanwhile, told Times of Malta that he would need more information about the SOFA agreement before making an informed decision about it. 

Grech, who is running against Delia in a leadership race that ends on Saturday, asked whether Malta was considering any similar agreements with other countries. 

"This is the first agreement of its nature that the government is doing and its timing raises serious questions whether government was constrained into entering into the agreement due to the imminent publication of the Moneyval decision. It is also pertinent to note whether the government is also considering other similar agreements with other countries."

Leadership hopeful Bernard Grech said in a statement he supported the PN's position on the matter.

Make the agreement draft public - AD, PD

Alternattiva Demokratika and Partit Demokratiku called for any draft of any SOFA with the USA to be made public immediately.

“It would be unacceptable for the leader of the Opposition, the Prime Minister and his cabinet to come to an agreement secretly and avoid public scrutiny.

“For all we know PL and PN have already come to an agreement and will rush a vote through Malta's Parliament. Any military defence agreements, or anti-smuggling operations, when and if necessary, should be made through a common EU defence cooperation mechanism, as a partnership amongst equals,” they said.

AD and PD said US contractors and military personnel temporarily passing through Malta, or in Maltese waters, should be subject to the Maltese justice system and all laws and regulations like all other citizens, residents and organisations based in Malta.

US Forces do not need special status to combat smuggling in international waters. 

Additionally, the US is not a signatory to the International Criminal Court and expects to be treated differently, and, as such, it cannot be trusted to stick to internationally agreed standards of conduct, neither in peace nor in war, they said.

Moreover, the US Navy refused to divulge to countries it visited whether it carried nuclear warheads on particular ships or whether ships were nuclear powered. “Our harbours should be nuclear-free, and the US is in no position to guarantee this.”

AD and PD also called out government’s cynicism should it enter into a SOFA to avoid a spotlight on Malta’s weak enforcement of financial crime laws.

“The Prime Minister's assurances that this is not the case are not credible,” they said.

SOFA ‘ humiliating, unconstitutional’ - Graffitti

Moviment Graffitti said Malta’s Constitution clearly stated that Malta was neutral and explicitly prohibited foreign military forces on its territory. 

US military personnel should not even set foot in Malta, let alone be given impunity and ceding Maltese sovereignty over them, it said.

Graffitti said that if the reports are correct, the Labour government would be betraying what Dom Mintoff and the Labour Party fought for and achieved. Such an agreement would limit Malta’s jurisdiction over the US military in Malta, meaning that the US would be able to commit crimes on Maltese soil and act against Malta’s interest, with relative ease and impunity, it said.

The alleged motivation that this was necessitated for Malta to avoid being blacklisted in financial services “confirms and attempts to conceal Malta’s lax enforcement, if not direct promotion of money laundering, and which will result in the erosion of our constitutional right to peace and neutrality”.

Graffitti said that “not only is this clearly unconstitutional, but it also makes Malta a promoter of war and military aggression”. 

“It is indeed sad to see that the Maltese Government is ready to use nationalist slogans against the most vulnerable – asylum-seekers – but then accedes to an agreement that is humiliating to our country and against our interests.

“It is also ironic that the Maltese Government enters into an agreement that promotes war while at the same complaining about the ‘burden’ resulting from refugees feeling these wars”.

The President, Graffitti said, was legally and morally bound to reject the agreement due to its evident unconstitutionality.

“We also call onto the Maltese people, especially Labour Party activists that have fought for Maltese neutrality, to make their opposition to SOFA heard and felt,” Graffitti said adding that, in the coming days, it will announce further initiatives against the deal.

Malta should retain sovereignty - PN

In another statement, the PN denied that any agreement had been reached between the Opposition and the government. The Opposition, the PN said, had not been consulted and the country’s neutrality and non-alignment clauses should not be changed.

The Prime Minister, the PN said, should clearly, unequivocally and immediately declare his intentions.