Child offenders register comes into force this week
Dr Carm Mifsud Bonnici.
The child offenders register comes into force this week, with the concept extending beyond sexual crimes and including all cases where the courts feel that a convicted person should not be allowed near children.
Home Affairs Minister Carm Mifsud Bonnici said this was milestone legislation, and he considered it one of the most important of the 38 Bills he had presented in Parliament.
Speaking in Parliament on the adjournment, he said the law establishing the child offenders register was a major step that would strengthen protection for one of the most vulnerable components of society.
In terms of the law, persons who were convicted of crimes linked to child abuse - could, if a court so decided, be included in the child offenders register.
The PN electoral programme had originally spoken of the child offenders register being for people who were convicted of sexual crimes against children, he said.
However, after careful study, his ministry had decided to extend the concept to all other crimes where it was clear that a convicted person should not be near children.
The register, therefore, was not restricted to sex offenders. It would be the courts that would decide whether a person should be included in the register - on the basis of the crime that was committed and the circumstances presented in the evidence.
In exceptional cases, a court may also issue temporary orders for inclusion in the register, such as when an accused person admitted his crime involving children and before the actual sentence was delivered.
Dr Mifsud Bonnici said the register would not be publicly accessible. It would be kept in the first hall of the Civil Court, in the same section where secret wills were kept.
It would be the court which would decide whether to divulge information found in the register to persons responsible for children.
Dr Mifsud Bonnici said that as minister, he had moved 33 Bills which had been made law and another five which were pending in Parliament at various stages.
However, this was among the most important laws, along with amendments to the Civil Code which protected children from pornography and child trafficking. Clearly, the level of protection to children had been substantially raised, well beyond that of other countries.
The European Commission had recognised this fact in a report last year where it said that Malta was among the best in the protection it afforded children.
NATIONAL CONFERENCE ON FIREWORKS
Dr Mifsud Bonnici also referred to a report on fireworks commissioned by his ministry and published late last year.
He praised those who had written the report and said that several actions would be taken.
All those holding the A licence - who were thus responsible for fireworks factories - would be handed a copy of the report so that they could clearly understand what was happening and what was expected of them.
There would then be a consultation process and all those who wished to suggest how this sector could be improved would be invited to contribute.
The consultation process would be followed by a national conference leading to a roadmap of short term, medium term and long term amendments to the laws regulating fireworks.
Dr Mifsud Bonnici recalled various measures which had already been taken, such as improved licence requirements and less powerful fireworks.
However, more remained to be done.
Most of the people active in the production of fireworks were very responsible persons, but it was important that they were kept up to date with scientific developments, he said.
For example, there had been a recent fireworks factory explosion in Italy, from which the local manufacturers could learn.
Dr Mifsud Bonnici thanked Dr Michael Falzon MP, legal adviser of the Pyrotechnics Association, for his help.
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P. Vincenti
Jan 19th, 10:18
This is welcome news but if I have understood this report correctly, then the register is of no use in my view in prevention if it cannot be accessed by schools, scout clubs and other institutions BEFORE they hire employees or volunteers.
The idea that the register is kept hidden away defeats the concept of protecting children from predators.
If I am mistaken here in understanding how this register will work, someone please correct me.
Alfred Bugeja
Jan 19th, 13:51
Mr Vincenti, you got it upside down.
All organisations that are involved with the care, education and interaction with children are BOUND BY LAW to check the prospective employees BEFORE they hire them.
You can download the act from the DOI web site.
Alfred Bugeja
Jan 19th, 09:24
All the talk below about this being an electoral gimmick only serves to expose the crass ignorance that exists about how laws our made in a democratic country.
As the link to a story on the side shows, (http://www.timesofmalta.com/articles/view/20101209/local/courts-have-discretion-on-who-is-put-on-register.339989) The Times had first reported about this law a year ago. I would presume that a Bill of such importance would need to be thoroughly debated in Parliament through all the stages before being brought into effect. The Bill was only signed into law by the President last month.
Maybe those commenting here think that Joseph Muscat will be dreaming up a new law on day, and bringing into effect the following day without running it through Parliament. So much for their understanding of democracy.
joe galea
Jan 19th, 09:09
About time!!!!!!!!! now everthing has to be done before elections !!!!!!!!!!!
S.M. Cuschieri
Jan 19th, 08:53
Well done!! But I would see that the offenders list is publicly accessible because these filth do not deserve to be kept secret. They should be made aware by everyone so that we can further protect our children. I do not give a hoot about their rights.
O Farrugia
Jan 19th, 08:37
If it is not publicly accessible, there is no point.
Does it really make any difference to the general public when the records are kept in a "secret" section of any authority?
Politically, I do not know whether to laugh or cry. Is this his dream? Or is he trying to do something in his sleep? With all due respect.
Joe E Galea
Jan 19th, 08:23
Illll x'kumbinazzjoni. This week is bonanza week for the government. The amount of things that the government intends to do that were mentioned this week add up more than work done suring the last 5 years.
We should have an election every month.
pat muscat
Jan 19th, 08:06
When elections are in the air, disregarded promises dish out like pastizzi ! No wonder Dr Franco Debono is a raging bull!
Mrs katie worley
Jan 19th, 07:47
This is not good enough protection for our children. Parents have the right to know if there is a danger to our children living down the road..
M Grech
Jan 19th, 08:58
agreed!
Mark Bonello
Jan 19th, 07:33
With the fireworks factories, the minister again exposes the bias in favour of this reckless industry. The report on fireworks, paid for with tax payer money, will be released to people licensed to produce fireworks but not to the rest of society.
It's as though the politicians think this issue only interests enthusiast! In Ghargur, in 2008, debris from an explosion there almost struck a woman who was driving by, not to mention the fact that the blast seriously damage the property of people living nearby.
David Caruana
Jan 19th, 08:07
Regarding the people living nearby... which building was there first? The fireworks factory or the residential building?
Mr Joseph Carmel Chetcuti
Jan 19th, 07:32
I would not exclude the possibility of an election being called before next Thursday assuming Gonzi does not resign and Franco refuses to change his decision to vote against the government.
William Flynn
Jan 19th, 07:25
I wonder if this bill has provisions to compel people and organizations who possess certain knowledge of the identities of child rapists, through their own secret courts and processes, to provide names for inclusion into this civil register.
It should.
The Catholic Curia would have a list as long as your arm.
David Magro
Jan 19th, 06:01
oh...Dr. Mifsud Bonnici seemed to have come out of hibernation! Keep it up Franco...you seem to have set the ball running....although I suspect that all these changes are election gimmicks and alination!
Robert Borg
Jan 18th, 23:01
Finally...
but something make me wonder...should we have an election evey two years? cause that seems to get the train moving...
Mr Joseph Carmel Chetcuti
Jan 19th, 07:33
I would say three.
Joe Fenech
Jan 18th, 22:39
About b time Carm!
Janet Bayes
Jan 18th, 22:33
Geez - - innocent until proven guilty in a court of law?? or not? Even a confession could be an untruth, or coerced, and for this confession ones name will be placed on the register? Upon my word, the law seems to be an ass.
Amante Reale
Jan 19th, 10:25
@Janet Bayes... Are you honestly defending child abusers? People in the register would have to first be found guilty of their crimes, obviously! And would you allow your children to be around child abusers? Let's see who you would defend if, god forbid, your own children were the victims of child sexual abuse.
Janet Bayes
Jan 20th, 12:44
@ Amante Reale - - - Nowhere did I say I support child abusers. The report says accused persons could be added to the list before sentencing.
Now sorry, but an accused is surely someone accused of doing a certain illegal act.
A defendant is someone being tried for that act and defending him/herself.
A convicted person is a person found guilty (even if sentencing is not passed yet).
So who can be added to list??
Maybe I misunderstood the concept of an accused person in Malta?
Alfred Falzon
Jan 18th, 22:31
Jaqaw sehhet xi sajjetta papali. F'daqqa waqda minn kien rieqghed qed jidher li qam u beda jahdem. Grazzi Franco. Zomm soq ghax bis-sahha tieghek mhux ser jibqaw jitnej-- bina.
Ms Mari Bor
Jan 18th, 22:11
dak li ma sarx f'25 sena, ser isir f'gimgha!
Mr Joseph Carmel Chetcuti
Jan 18th, 21:50
Oh, he has been such a busy boy!
MALCOLM SEYCHELL
Jan 18th, 21:47
Like everything he did its useless. If it is not accessible to people why do it. We need to protect our children so we should know the persons who we cannot trust. A failure as always
Amante Reale
Jan 19th, 10:28
@Malcolm Seychell... While I agree to a certain point, I believe that making the register public would be dangerous. Some people on the register could be one-time offenders who have been rehabilitated and re-introduced in society. You wouldn't want some "maltese superman" to go on a rampage and take the law into his own hands.
So, I do agree that a register should be held and that it should be accessible through the right channels but not publicly accessible. We all know how tolerant of the mistakes of others people are.
Mark Fleri
Jan 18th, 21:43
Amazing how fast things come into force when there is a general election coming up :)