Watch: Abela pushes for anti-deadlock mechanism after chief-justice vote failed

Prime Minister Robert Abela has called for the introduction of an anti-deadlock mechanism to break parliamentary impasses in key state appointments.

The prime minister made this call after government efforts to appoint Madam Justice Consuelo Scerri Herrera as the new Chief Justice collapsed over the failure to secure a two-thirds majority in parliament.

The law to appoint a chief justice does not provide an anti-deadlock mechanism to allow a nominee to be approved if a two-thirds majority cannot be reached.

“We need to seriously discuss whether we should implement an anti-deadlock mechanism,” Abela told journalists on Thursday.

He said this should apply not only to the appointment of the chief justice, but also to the appointment of the Auditor General, Deputy Auditor General and Ombudsman.

However, Abela acknowledged that introducing an anti-deadlock mechanism could prove difficult, as such a change would itself require a two-thirds majority vote, since the provision is entrenched in the constitution.

The requirement for a two-thirds majority vote, without an accompanying anti-deadlock mechanism, to appoint the chief justice was approved in 2020.

When asked whether this had been a mistake, Abela said the decision had been forced, as the Opposition had warned it would vote against the full reform to strengthen the rule of law if an anti-deadlock mechanism was introduced.

“Even with a two-thirds majority, the absence of an anti-deadlock mechanism means that in every situation where we try to appoint someone to a position without such a mechanism, it creates more difficulties than it provides solutions,” Abela said.

He also questioned whether the mechanism truly ensures that the best person is appointed, or whether it instead forces a compromise.

“It could be that one day [the Opposition] will be running the country. This means it could one day face the same theatrics it is engaging in today,” he said, while appealing to the Opposition to consider supporting an anti-deadlock mechanism.

Unlike the roles mentioned above, the appointment of the Standards Commissioner includes an anti-deadlock mechanism, which was used to appoint the current commissioner in 2023.

As the post of Standards Commissioner is not constitutionally entrenched, the government was able to introduce a mechanism allowing the appointment to be made by a simple majority if two initial votes fail to achieve a two-thirds majority.

The heated plenary debate and vote, held at the last minute following a public appeal by President Myriam Spiteri Debono, means that incumbent Chief Justice Mark Chetcuti can remain in office until a replacement is agreed upon.

Chetcuti, who turned 68 on Wednesday, was due to retire on Thursday.

A ruling by parliament’s Speaker concluded that a vote on his replacement had to be held before his retirement in order to allow him to remain in the role provisionally and to avoid the post being vacated.

“The Speaker’s ruling stated that it was both appropriate and necessary for the government to table a motion before the Chief Justice retired, because had this not been done, we would have woken up today to a constitutional crisis,” Abela said.

Abela did not provide a clear timeline for when a new chief justice might be appointed, but said that now that the vote has taken place, there will be more time to discuss the available options.