PN's formula for anti-deadlock mechanism in chief justice appointment revealed
Shadow minister discusses PN's ideas in debate on Il-Każin
Updated 9.13pm
The Nationalist Party wants the President, the acting chief justice, a minister and a frontline Opposition MP to have a say in appointing a chief justice in cases of deadlock.
The PN proposal would see a specialised high-level committee appointed to select a suitable candidate for chief justice if multiple parliamentary votes fail to yield a 2/3 majority.
Its idea for an anti-deadlock mechanism was explained by PN MP Darren Carabott in a live debate on Il-Kazin on Wednesday evening.
Carabott was debating government MP Ramona Attard, in a debate hosted by Jon Mallia.
Both the government and Opposition have said they want to introduce an anti deadlock mechanism into the law, to avoid stalemates such as that currently under way. The government on Monday moved a bill to introduce such a mechanism but it has yet to explain how it thinks it should work. The introduction of the mechanism requires a two-thirds majority in the House.
Chief Justice Mark Chetcuti is currently serving in an acting role until a nominee to replace him garners a two-thirds majority in parliament. So far, both sides have been unable to agree on a nominee.
This is the first time that a chief justice requires a two-thirds majority to be nominated, and the law provides no remedy if such a majority is not reached. Previously, the chief justice was nominated directly by the prime minister.
Carabott said the PN's proposal has yet to be fleshed out in detail but would provide a mechanism that would involve all three branches of government - the executive, legislative and judiciary - if agreement could not be reached.
Attard, a government MP and former Labour Party president, said she was sceptical of the idea.
Parliament should have the final say on who was appointed chief justice, she said.
Malta currently has one prior experience of an anti-deadlock mechanism, having introduced one for the appointment of parliament's standards commissioner.
In that case, the mechanism allows a commissioner to be elected through a simple majority if no two-thirds agreement can be reached following two votes.
The Opposition says that form of mechanism effectively neutralises the two-thirds rule, as it allows the government to force through its nominee.
It has said it will not back any such form of mechanism for the appointment of chief justice. That vote for a mechanism in that case will itself require a two-thirds majority to be passed into law.