The government doesn’t ‘appoint’ the Speaker. It NOMINATES the Speaker in consultation with the Opposition.

Published: March 26, 2013 at 5:00pm

Anglu appt

This story in The Times omits all mention of what should be the salient point (other than Anglu Farrugia’s unfitness for the role).

Governments do not APPOINT the Speaker of the House, because this is not a government board. It is a Constitutional role.

Governments NOMINATE the Speaker of the House, and they should do so in consultation with the Opposition.

The government – no government, by virtue of the Constitution and of the separation of powers – does not have authority over the institution of parliament. Therefore it has no Constitutional authority to APPOINT the Speaker, who represents parliament.

The arrogance with which the prime minister has assumed the right – which is not his – to select his personal choice of Speaker and APPOINT him is outrageous.

THAT is the story.

The Speaker of the House – and it bears repeating – is a Constitutional role and not a government appointment, still less the personal appointment of the prime minister.

This is the thin end of the wedge, the start of the slippery slope. If even the newspapers do not know what is wrong here, then we are in very serious trouble, for it is their duty to highlight these acts of anti-democratic arrogance.

This is how Dom Mintoff began, meeting with no scrutiny from the press (which didn’t have the strength or impetus it has today) and look how we ended up within just a few years.




76 Comments Comment

  1. Zunzana says:

    Daphne you are so sharp and constantly on the ball. Nothing escapes your scrutiny.

  2. makjavel says:

    Democracy will be destroyed in the name of government freedom of action.
    The 2nd Republic has been launched.
    The constitution has been bulldozed at parliamentary obligations level.
    The press is muzzled. Malta Taghna lkoll.

    • Weird no ? says:

      …and this will all be described as an administrative error like the invitation for the members of the Broadcasting Authority to resign when their appointment is by the President. Maybe in time the switchers will also say that their switch was a grave administrative error.

  3. Gahan says:

    U mhux xorta, Daphne – kemm se toqod tfettaq? Issa hem ahna fil-gvern u nikmandaw ahna!

    Tippruvawx targumentaw ghax tkunu qed tahslu ras ta’ hmar u tahlu l-ilma u s-sapun.

    Jien ghandi f’rasi li l-bidliet kostituzzjonali Joseph se jaghmilhom b’referendum. Jidhirli li l-kostituzzjoni tista’ tinbidel b’semplici maggoranza f’referendum.

    • ciccio says:

      Article 66 of the Constitution seems to indicate otherwise.

      The most important articles of the Constitution can only be changed with a two-thirds majority.

      What Joseph Muscat can try to do is to subject the amendments to a referendum first – of course, he will only do so if he thinks the people will vote for them.

      Then, if he obtains the electorate’s consent, he may try to corner the PN opposition to either vote for the changes or to make them “vote against the will of the people” and maybe call an election soon after the referendum as an attempt to repeat 2003.

      This means that Joseph Muscat will put a lot of populism in the amendments. Expect the amendments to include a popular vote for the President.

      • Gahan says:

        You put my mind at rest, Ciccio.

        But you seem to agree we me that a referendum of some sort is on the books.

      • zz says:

        Gahan, a referendum of some sort is on the books because Joseph Muscat wants to bulldoze HIS constitution onto Malta even if the opposition might not agree with him. He would be riding the “election win” wave to change the constitution to his needs.

      • ciccio says:

        There is no reference to the word “referendum” anywhere in the Malta Labour Party’s Electoral Program sive Manifesto sive Roadmap. And specifically not in the paragraphs about the constitutional reform.
        But then there wasn’t any reference to Frankie Tabone either.

        Which is why I think that the PN should oppose right away the appointment of Frankie Tabone, and build a mass campaign on this matter, giving credible reasons why Frankie Tabone’s choice is unacceptable.

        Then they should refrain from participating in any process which is vitiated from the start to bulldoze on the opposition.

        If they do not take these measures now, they will be unable to oppose and to stop the process later.

      • mister says:

        If Joseph Muscat then wants a referendum…. we will all sign up to have a referendum to ban bird hunting.

        You will then see his castle of cards crashing to the table.

        The Nationalists underestimated the hunting lobby and the Normal Lowell lobby. They remained neutral, when they should have been vocal about their stand.

        And now we have 5 years punishment as a result.

      • Gahan says:

        ..add with them the second hand car lobby “tal-Ingriterra”.

  4. Wilson says:

    A peril with the throes of a garrotted parrot.

  5. ciccio says:

    It is of historic interest how the Speaker of the House appointed by Joseph Muscat is the person whom Joseph Muscat would least expect to speak out.

    Bil-Malti, ghamlu Speaker biex jaghlaqlu halqu.

  6. Yanika says:

    Does that mean that if the Opposition does not agree, then Anglu will not be the Speaker?

    If yes, does that mean then that the opposition has agreed to the appointment, or has the role of Speaker not been filled yet?

  7. Manuel says:

    The PN should (and it MUST) challenge this in the Constitutional Court.

    This is an unconstitutional appointment and the PN should take all the necessary steps to safeguard the supreme law of the country. Enough with the reconcialiation crap.

    Muscat wants to go down on a war path and he is doing it by hiding behind wanting one national day bla, bla, bla, u min irid jahdem maghna, ahna nahdmu mieghu bla, bla, bla.

    • Liberta says:

      Agree hundred percent. Wake up PN. We who voted PN are awaiting for you to show your mettle. In these difficult times we need you more than ever and are expecting the clarion call.

  8. madgoal says:

    I think the Times needs to fire all journalists and start from scratch and give them a basics in ethics, law and impartiality. Only then it would be credible again.

    I cannot but remember the Sabrina Aguis incident at RTK. However I think that Labour has managed to infiltrate all news agencies as was well described by Joseph back then.

    • Weird no ? says:

      Maybe some of these journalists will go out of the way and go create new damage as PR officers of Ministers ?

  9. marks says:

    It has been only 2 weeks, and we (I mean the Maltese population in general) have already become immune to the flagrant abuse of power by Labour.

    How long is it taking for the PN to regroup and start exposing these incompetent fools?

    • Futur mill-aghar says:

      In the meantime, we have Daphne. And they thought she would fall silent after the elections.

      Thank you, Daphne, for keeping us so well-informed. You’re doing the work of a whole newsroom of people, or, rather, the work that they ought to be doing. We are much indebted to you.

  10. Jozef says:

    As if The Times didn’t know. The Opposition needs a news portal in English, fast.

  11. A Montebello says:

    … and, unfortunately, we know he will get away with this breach. They always did. They always will do. Please make this the basis of your next piece in The Malta Independent.

  12. Alexander Ball says:

    Hey ta, Joseph invited Gonzi to Rome and Birgu, how many more invites does he want?

  13. Maria Xriha says:

    Too good Daphne.

    What a farce. You’d think that the full complement would have two legal brain cells to rub together. For the value we got it should have been well over 500euro and certainly not a cent of it to the incompetent LP side.

    Let’s see the suite.

  14. Karen Cauchi says:

    Dear Daphne,

    I just wanted to mention an argument which is not related to this article. No one seems to be mentioning the Public Examinations for Government Public Officers which were held prior to election, way back in January 2013.

    There were various calls for examinations including Clerks, Executive Officers, Assistant Principals, Principals and Senior Principals. Results for these written examinations were promised to be published by the 28th February, 2013.

    Nothing had been published yet, since after the 28th Feb, there was a moratorium period issued by the PSC, until new cabinet was appointed. There was a large number of public officers who sat for these examiniations, and who are anxiously awaiting the publishing of these results. This is the ultimate hope for a better salary or better placing under the present circumstances.

    However, rumour has it that the results will never be published, and therefore everything will frozen until 2 years time when the call expires; the time stipulated by the psc in order to issue a fresh new call.

    And obviously enough, in order to manipulate results and accomodate constituents as a payback.

    It should also be taken into consideration all the effort put by the people who sat for the exams, including intensive courses offered by the UHM and GWU as a preperation for these exams (prices started from €250 per courses besides examination fees). Please make our voice heard by the general public, maybe this triggers a reaction to all these awful manouvers.

    Thanks and keep up the good work.

  15. Harry Purdie says:

    There is but one journalist on the rock who is not a wimp.

    • H.P. Baxxter says:

      Two. Our Daphne and Bondì. I thought at one point that the latter was falling for the Muviment’s trap. But he escaped, honour intact.

  16. Strakku says:

    Ooh look! It’s Mintoff all over again but this time in a blue tie.

  17. manum says:

    Talk about arrogance. This is downright dictatorial,

    Well I hope all those switchers who are now sipping tea realised the scum they voted for.

  18. PMic says:

    So where is the President who is the nations guardian of the Constitution? Or now that lejber are in ‘power’ has he also been smitten by this movement.

    • Maria Xriha says:

      Didn’t Anglu himself see this? Isn’t he meant to be a lawyer? Even when or if the President does respond, the fact that there was no immediate response is shocking. It really puts them all in the same boat.

      • Izzie says:

        Anglu a lawyer? Now why does that strike me as very odd? I guess the move to make him a Speaker is simply to make the guy shut up and hold strongly to his seat.

    • La Redoute says:

      The President’s son Robert Abela was the warm up act at a mass meeting of JosephMuscatDotCom.

      His wife, Lydia Abela, signed off on several of the round robin emails sent out by the Labour Party to tell us that the government is lining its pockets therefore we should vote Labour.

      The President himself was Joseph Muscat’s rival in the rigged contest for the Labour party’s leadership.

  19. Kevin says:

    So what happens now? Who is supposed to object?

  20. C Falzon says:

    All we need now is JPO as President.

    • Futur mill-aghar says:

      Franco Debono might have other ideas about this one. Since he can rule out ever becoming Prime Minister, the obvious step would be the presidency. Well, he is used to being ‘top in everything’ after all. Min jaf x’wieghdu JM biex iwaqqa’ l-gvern qabel iz-zmien. Wouldn’t put it past him to think he merits it.

      • Weird no ? says:

        It did pass through my mind that the next step for Franco Debono is to say that he is a person who symbolises national unity. Franco Taghna Lkoll.

  21. Victor says:

    The Times doesn’t even know the correct number of permanent secretaries appointed. They are reporting that it is 10, while according to The Malta Independent (names included) it is 14.

    [Daphne – It has to be 14 because there is one in each ministry.]

  22. beingpressed says:

    http://www.timesofmalta.com/mobile/view/20130326/local/No-intention-to-reinvent-the-tourism-wheel-.463019

    So we paid for these guys electricity for years in caps and subsidies.

    I wonder what arranged before the election?

    Who knows maybe a V. A. T. Reduction which I’m sure will be passed on to the consumer!

    Another level playing field!

  23. Clive says:

    Fired for knowing too little
    Hired for knowing too much

    • La Redoute says:

      You’ve got it backwards. Farrugia was fired for knowing too much and hired for knowing too little.

  24. aston says:

    Can’t wait to hear Anglu pronounce Erskine May.

  25. It is so easy to understand the new government in power. His only objectives are: What you can do. I can do it Better. Just wait and see. These are the last few golden days for the Maltese people.

    • La Redoute says:

      No. It’s not what you can do I can do better. It’s I can do whatever I like because I’m in charge.

      Labour can’t “do” fundamental freedom any better than it’s predecessor. It’s fundamentally against labour thinking to prioritise fundamental freedoms.

      The PM himself implied as much in an interview he gave just before the election.

  26. Mark Vella says:

    Daphne did you watch the news this evening? Konrad Mizzi announced that the first reductions on bills will be next year when the pipeline will be ready! I thought a month ago he was saying that this was a waste of money! Dan OK jew?

    • Dave says:

      First reductions suppost jigu mill-advanced payment tal-operatur tal-power station il-gdid. But clearly when you’re winging it past statements could be “misheard” or “misinterpreted”. Jaqaw the video when the master plan was unveiled got deleted?

    • Futur mill-aghar says:

      But wasn’t that the PN’s plan all along?

    • ray meilak says:

      Mark, hemm ghalfejn is-saqsi jekk Konrad Mizzi hux ok? Nahseb kulhadd jaf li mhux qieghed sew.

      Lap Dog ta’ Joseph

  27. Mikiel says:

    ONLY IN MALTA.

    Impressive! I live in a county where one can re-invent oneself completely. From ex-scary policeman/KGB type (whatever the title was) to the honour of representing the costitution speaker.

    Can’t the Oppositon state their dissatisfaction with this appointment? What would happen legally?

  28. Athina says:

    @Strakku: and without a wide belt

  29. Strakku says:

    @Athina: Of course, without the hamallu belt. I don’t think Eva Peron would approve.

  30. Matthew S says:

    My God, Kenneth Zammit Tabona has really drunk the kool aid, hasn’t he?

    To show us how totally in he is, he has now started writing about positive energy.

    What next? Prayer meetings? One-with-nature nude sessions in the countryside? Free Phiten titanium necklaces for everybody?

    In the article he repeats the oft-repeated myth that people don’t want to be labelled.

    Rubbish, and the myth is easily debunked.

    People don’t want to be labelled anything negative but they have no problem with being labelled per se.

    Kenneth Zammit Tabona loves being labelled a good artist. He loves being labelled a spokesman for gay rights. He loves being labelled a great thinker (even though he isn’t).

    We all love positive labels and want to be labelled magnanimous, generous, brave, loving, caring, professional, intelligent and so on.

    Conversely, we don’t like being labelled the opposites of the above.

    Tal-pepe or ħamalli, urbane or ta’ wara’ l-muntanji (backwards), Italianate (read sleazy) or Anglo-Saxon (read democratic), ABC1 or C2DE.

    Society thrives on labels and as much as we love to hate them, they are necessary because WE ARE DIFFERENT. If your lifestyle and mentality are totally alien to others’, you neither want to socialise with them nor be considered as one of them.

    What’s the point of doing that anyway? There are distinct groups in society and there’s nothing wrong with acknowledging that. Acknowledging and recognising the weaker members of society gives an impetus to the rest to do something about it.

    Being labelled with the name of the political party you support is no different. Political parties show your beliefs, your values and your morals. Mario Vella is a Marxist for example, and that tells you almost all you need to know about him.

    Saying that political parties and ideologies are dead is ridiculous because we don’t all hold the same beliefs and therefore it is impossible for us all to be united behind one party. I personally reject all that Marxism stands for and can never form part of a movement which supports it.

    People are supposed to be proud of their political beliefs. It is what makes us human. Our philosophical thoughts are what elevate us above the rest of the animal kingdom.

    Joseph Muscat built his political campaign on four labels: PROGRESSIVE, MODERATE, LIBERAL and MIDDLE CLASS and yet, he somehow hoodwinked the moviment into thinking that social labelling is history, maybe because they don’t know what those terms really mean.

    Renouncing your political label means either that:

    1) You stand for nothing (the famous granfalloon).

    or

    2) You’re embarrassed of your beliefs.

    or

    3) You acknowledge that your political beliefs are deplorable or a failure.

    Being Labour means you believe in handouts, you like the way Labour appoints people, you prefer a closed and protected economy, geographic and political isolation doesn’t bother you and you believe in the state having a big say in people’s lives.

    Being Nationalist means you believe in a free and open economy, in self-fulfillment, education, meritocracy, Europe and a small government.

    They couldn’t be more different.

    Kenneth Zammit Tabona, whether you admit it or not, you are a Labourite. I am not.

    Labels -except the purely derogatory which eventually go out of fashion- don’t exist as a means of discrimination but simply to reflect reality. Laburist and Nazzjonalist are, like slim and fat, just adjectives which give an apt description of a person.

    If you don’t like being called fat, you’re supposed to go on a diet and take up exercise and not pronounce all adjectives dead.

    • Taboo Blaster says:

      Similar lines to the concept behind accepting or delivering Asti as Champagne and not having the guts nor the flair to acknowledge the difference. The result is one big hangover the morning after. Some guests know the difference. Some would never have Asti in the cellar.

      The experience with either the one or the other, is very different. I’m prepared to go for a single bottle of Champagne rather than 5 cases of Asti.

      Quite right Matthew S. If you want the real thing you also have to be prepared to go the whole hog.

      Spumante is different to Champagne.

      Pork is no substitute for beef.

      Call me the S word if you wish. I always did think it was a distasteful word only used by those who weren’t. There’s also the C word. Origins will dictate application.

      Those organising state dinners would do well to take the literal interpretation, though the Maltese in attendance would probably not notice the difference.

      Red is not Blue.

  31. Dave says:

    The speaker is appointed by voting in parliament. Since government typically holds a majority it would propose it.

    Article 59 is quite clear on this: http://www.justiceservices.gov.mt/DownloadDocument.aspx?app=lom&itemid=8566&l=1

    [Daphne – It is always in consultation with the Opposition, or rather, always when the government is Nationalist. Joseph Muscat was consulted on the nomination of the Speaker when he was Leader of the Opposition. The name should tell you what you want to know: Speaker of the HOUSE, not speaker for the government benches.]

    • ciccio says:

      @Dave. Article 59 says nothing about who proposes the Speaker.

      Which is why the PM makes the nomination and consults with the Opposition, which is also part of Parliament, remember?

    • Dave says:

      Niceties aside, it is not a constitutional requirement. I agree that in a civilised world some consultation should take place but remember “in consultation” is just a way of saying “after speaking to”. It is also implicit that the party/ies holding a majority in parliament would elect a speaker that would be expected to use his/her casting vote in their favour.

      This is by no means any form of justification for choosing a buffoon as speaker or riding roughshod over the opposition.

      • La Redoute says:

        You’re missing the essential point. The government does not have the power to appoint a speaker, any more than it has the power to demand the resignation of constitutional appointees.

        L’etat, c’est moi. Remember that? His head was cut off.

      • H.P. Baxxter says:

        As an out-and-proud Monarchist, I have to defend our Louis. That phrase is misinterpreted. When he said “l’état c’est moi” (or words to that effect) he meant the ultimate responsibility lay with him.

  32. martha says:

    Well being Easter time and all he ( Anglu) was brought back to life……………

    • Futur mill-aghar says:

      This is getting very confusing! I know it’s Easter, but the way gifts are being handed out gave me the impression that Christmas was coming exceptionally early this year – more of the ‘bidla’, you understand.

  33. vanni says:

    Here’s a ‘Get Well Soon’ to Malta’s most famous ill person.:

    http://www.timesofmalta.com/articles/view/20130327/local/dalli-cannot-face-psycho-social-exposure.463086

    Flowers and a basket of fruit are on the way.

    PS. May the thermometer be well lubricated before it enters your nether regions.

  34. The point raised here is very valid, but looking at this from a distance it is not clear to me whether the report of Dr Farrugia’s “appointment” as speaker of the House, is an official statement, or a press report.

    The media has a responsibility not to contribute to uncertainty through sloppy reporting, but, in the final analysis, the responsibility to ensure correctness falls on the opposition in parliament and the voters and party it represents.

    Vigilance cannot go on holiday or have a rest.

  35. H.P. Baxxter says:

    Not to provoke the usual violent defence or anything, but this is, yet again, the Maltese troglodytic language at work.

    “jahtar” = ?

    Nominate? Appoint? Elect?

    Hence the confusion. Confused language leads to confused thought.

  36. Jelle Houtsma says:

    Rule
    “The Speaker can either be appointed from within the House or from outside the House. However on appointment, if the Speaker is appointed from one of the members of the House, he or she loses his original vote within the House. For a Speaker to be appointed he must qualify to be a Member of the House of Representatives of Malta, this criterion being specifically of important consideration for those appointed from outside the House”

    .therefore….

    If one want to state that the government doesn’t ‘appoint’ the Speaker. then It NOMINATES the Speaker in consultation with the House. Not the opposition.

    This kind of complaining is tomatos – tomatoes in MHO

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