Adrian Delia has vowed to remain leader of the opposition and the Nationalist Party, despite the majority of his MPs declaring no confidence in him.

But if President George Vella, who met with PN MPs, confirms that Delia does not have the support of the majority, his appointment as opposition leader could be revoked. 

In that scenario, can he remain party leader?

What do the PN rules say? 

The party’s statute, which outlines all the regulations and procedures the PN is to follow, was only updated after being approved by the General Council on June 25. 

It dictates that “the leader is the leader of the PN and also the chairperson of the parliamentary group and serves as prime minister when the party is in government and opposition leader when the party is in opposition”.

The statute does not make any obvious allowances for a scenario if someone else who is not the party leader is appointed opposition leader by the president. 

What about another vote of confidence?

In the case of a vote of confidence, the leader must obtain support of at least fifty per cent plus one of the votes submitted by the councillors during a General Council called specifically to address the matter.

Delia had won such a vote in July 2019 and stayed on as leader after 67 per cent of party councillors voted in his favour. 

Though some are calling on the embattled leader to again go to the councillors to establish whether he still enjoys their support, this might not be as straightforward since a clause in the statute says that once a confidence vote is taken, the General Council “should not consider a similar vote” before two years. 

This, however, seems to be another point of contention since there are some who are arguing that since a new statute was only recently approved, the two-year restriction is no longer in place. 

If that is the case, councillors could again be called in to vote.

Times of Malta has reached to the party to establish whether this is the case and whether such a vote is possible, but no reply has been received. 

The constitution is 'clear'

While the PN might use its statute to decide its way forward, the constitution of Malta overrides this and so the president's decision on the matter will be final. 

But the constitution does not dictate the role of a party leader but only that of the opposition. 

According to Article 90 (4): “if in the judgment of the president, a member of the House of Representatives other than the leader of the opposition, has become the leader in the House of the opposition party having the greatest numerical strength in the House or, as the case may be, the leader of the opposition has ceased to command the support of the largest single group of members in opposition to the government, the president shall revoke the appointment of the leader of the opposition”. 

However, an earlier provision in the same act says that whenever there is an occasion for the appointment of an opposition leader, the president shall appoint the leader of the party “whose numerical strength in the House  of Representatives is greater than the strength of any other opposition  party”. 

This again puts to question whether there can be an opposition leader who is not the party’s leader and vice versa. 

In comments to Times of Malta, former judge and constitutional expert Giovanni Bonello said it is crucial to keep in mind that there was no precedent or practice to follow since this is the first time that an opposition leader was being told to step aside.

No other president, he said, had been tasked with making such a call in the past.

Can Delia be removed as PN leader?

The procedure to remove a leader would have to be the same as last year. This means that a petition by a number of councillors must go to the executive of the party, which then calls a general council to put the issue to a vote.

If Delia opts to go the unorthodox way of asking the executive for either a vote of confidence in him or a vote of censure on the MPs and loses it, there will not technically be a statutory requirement for him to resign but sources said it would be "a highly significant vote".

Delia can also choose himself to go for an open contest, though this is unlikely.

Can the 19 MPs be expelled from the party?

MPs are not treated differently than any party member. If they act "gravely" against the interests of the party or join another political party, for instance, the case is reported to the Administrative Council. This is currently presided by Carm Mifsud Bonnici.

The council then refers the matter to the Disciplinary Commission, which considers the case and hears any evidence or submissions. The commission's conclusion goes back to Administrative Council and if it endorses it, it is then transmitted to the Executive Committee. It is this committee which has the final say on whether to accept and apply it or otherwise and this is done at the committee's sole discretion.

In the case of a requested dismissal, the person concerned is given the right to address the executive committee.