Kurt Sansone
Child abuse claims must be reported to police
‘Highest protection to minors’
Heads of organisations entrusted with the well-being of children, including Church entities, will have to report abuse allegations involving minors to the Police Commissioner under a new law setting up an offenders’ register.
The obligation to report a crime will apply to all institutions and companies which provide a service or activity involving the education, care, custody, welfare or upbringing of minors. The offenders’ register will not be restricted to sexual offences and will list the names of people found guilty of crimes against minors or even, at the court’s discretion, those still facing criminal charges.
Anybody found guilty of such a crime and listed on the register will not be allowed to do a job that puts him or her in contact with children.
The Bill outlining the setting up of the register was presented to the media yesterday by Home Affairs Minister Carmelo Mifsud Bonnici. It will be published in the Government Gazette today.
Under the proposed law, institutions and companies dealing with children will be obliged to check whether their employees or applicants for a job are listed on the register, which will be held by the court. The register will not be open to public scrutiny.
Sexual offences, drug trafficking involving minors and prostitution of minors are among the crimes listed in the law but it will be at the court’s discretion to consider whether other criminal acts may warrant inclusion of a person’s name in the register.
The court will also have the power to issue interim measures and include a person’s name on the register pending the outcome of a criminal case. The people listed would be on the register for as long as the Court deems fit, depending on the seriousness of the crime.
The draft Bill originally proposed to keep an offender on the register for life but this has been changed so that those listed will now have the possibility of applying to the Criminal Court to have their name removed.
The register will not be retroactive but will include the names of people who have pending criminal cases.
The law, Dr Mifsud Bonnici said, was a statement by the state that it intended to afford the highest protection to minors.
“It creates a balance between society’s interest, the protection of minors and individuals’ rights. It is not aimed to start a witch hunt but achieve the right balance and offer the best care possible for children,” he said.
Dr Mifsud Bonnici said it was his wish for the law to come into force by January 1 but it all depended on the work still pending before Parliament.
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carmelo aquilina
Nov 3rd 2010, 09:31
First of all well done on the Government for biting the bullet and putting forward this law. I hope the Opposition put forward constructive suggestions and the Church itself offers its full co-operation.
The Church is sitting on a number of allegations where even it as a biased judge has found a number of people guilty of abuse. For example the Church has sent details of some recent cases concluded after 7 years to the Vatican. The Church should offer to send the details of these allegations to the police for criminal investigation and justice. Otherwise these unknown predators will continue to abuse. I hope there is no de facto amnesty for these criminals who have broken God's law as well as criminal law.
Maria Debono
Nov 2nd 2010, 19:05
being a victim of sexual abuse when I was a child, I never reported the case to the police or anyone. I never even talked with my family on what has happened to me until a year ago when it was too late. One, I wasn't aware of the things that happened to me and two, since I was afraid and still afraid on what the society says about me. It is not an easy task, please empathize that this is such a sensitive issue.
R.Borg
Nov 2nd 2010, 15:59
Heads of organisations entrusted with the well-being of children, including Church entities, will have to report abuse allegations involving minors to the Police Commissioner under a new law setting up an offenders’ register.
Will every abuser's name and surname be included in the offenders' register?
Even those who are very close to parliamentarians, politicians and big maltese bigshots?
Why these questions?
Because of contemporary bad practices:
Are domestic violence perpetrators leaving the matrimonial home as the law of our land has legislated? NO, N0, NO.
Are elderly citizens, who voluntarily have opted to leave their home to enter a nursing institution because of their fraility and being subsidized by the maltese tax-payer, giving back their property to government or are there some political 'saints' intervening on their behalf to break the law and cooperate in injustices?
Joe Zammit
Nov 2nd 2010, 12:53
We have thousands of Maltese and Gozitans buried in our cemeteries. The questions I would like to ask here are these:
How many of them are in heaven? How many of them are in hell?
One day also we shall be with them. Death comes upon us like a thief.
The reality is that we die as we live. If we live in sanctifying grace, we go to heaven; if we live in sin we go to hell. The choice is ours. God wants to save us all but not all people want to be saved. If you want to gain eternal salvation with our loving heavenly Father, live in grace NOW!
Joseph Calleja
Nov 2nd 2010, 14:11
" How many of them are in heaven? How many of them are in hell? "
Answer to your question. To be honest I lost count. What does all this have to do with the article?
Joe Zammit
Nov 2nd 2010, 11:06
As I see it, if those who have pending criminal cases are to be included in the register, the law will be retroactive. Not to be retroactive it has to be applicable henceforth.
Anyway, the bill is plausible and necessary. Let all those who can somehow contribute to the wise drafting of this law give their opinion.
So sexual criminal offences (and other crimes) involving minors (under 18) will not continue to be taken cognizance of only after the complaint of the injured party. The police can take criminal action ex officio.
Oscar Cassar
Nov 2nd 2010, 10:52
Jidirli li l-provi li kellhom l-awtoritajiet tal-Knisja, baghtuhom l-Vatikan u mhux lil Kummissarju tal-Pulizija f'Malta... Dan mhux ksur tal-proceduri lokali ?
C.Sammut
Nov 2nd 2010, 10:08
Well done!
Karl Consiglio
Nov 2nd 2010, 09:49
This meant to be progressive or something?