MPs discuss reforms to Justice Commission
Committee discusses fundamental reforms in justice sector
The Committee for the Codification of Laws agreed today that a process should start for a reform of the Commission for the Administration of Justice so that it could be more effective in holding judges and magistrates to account.
The committee, chaired by Franco Debono (who had proposed the committee's setting up), was discussing the compilation of an Administrative Code, which will consist of close to 1000 sections and is being piloted by Prof Kevin Aquilina, Dean of the Faculty of Laws. The Code, the first of its kind in Malta, is close to completion.
The committee agreed that while the independence of the judiciary should not be touched, there needed to be ways to hold judges to account, when, for instances, the number of pending cases before them grew without justification.
The committee also agreed that there should be further discussion on the manner how judges are appointed.
Labour MP Jose' Herrera said that apart from qualifications, the issue of seniority should not be ignored. Nothing frustrated members of the judiciary than to be passed over - such as for the appointment of Senior Magistrate - for no apparent reason, leading one to suspect that one person could be closer than the other to the party in government,
Dr Debono agreed that everyone had his dignity and everyone was frustrated when less suitably qualified persons were appointed to higher positions.
Dr Herrera also insisted that the Chief Justice should not take on the role of the executive in making administrative appointments.
While it was proper that the Chief Justice should assign cases in court, administrative appointments should be made by the executive.
Separation of powers between the executive and the judiciary was important, he said, but it had to go both ways.
Dr Debono said the courts should be independent, and the laws needed to be clear on the assignment of responsibilities. One should avoid undue ministerial interference but one should also avoid a situation where a chief justice could reduce magistrates to nothing more than his glorified secretaries. One should avoid a situation where the Chief Justice usurped the powers of the executive.
Dr Herrera said the Chief Justice should not be like the Lord High Chancellor in the UK and administrative appointments should rest with the executive, which had political accountability. To have the Chief Justice making administrative appointments without accountability was wrong.
Francis Zammit Dimech (PN) said Dr Herrera wanted to take back powers which had been given to the Chief Justice. This was a step backwards to the 1970s where the minister decided everything.
Dr Herrera protested that that was not what he had said, and he only wanted to ensure there was the proper separation of powers found in democratic countries abroad. The independence of the judiciary should not be touched, he said, but administrative appointments should not be made by a person who was not politically accountable.
Dr Debono said there was common ground in that some appointments were purely judicial while there was a grey area on administrative appointments, and this needed to be discussed further.
He said that the committee, possibly in association with the Law Reform Commission, needed to conduct an analysis on the composition, functions and powers of the Commission for the Administration of Justice.
It should see what the situation was abroad, and draw lessons as required It should also hold talks with etired judges, the Chamber of Advocates and other responsible quarters on this delicate issue.
Dr Herrera said the current situation was not good, since the only manner of accountability was impeachment, which was an extreme measure for the most serious of cases.
There could be instances where judges and magistrates needed to be held to account for less serious matters but no effective measures were available at the moment. Such accountability should be exercised through the commission.
Dr Debono said this would be a delicate reform which should introduce a degree of accountability without, however, interfering in the independence of the judiciary.
He pointed out that most members of the judiciary performed their duties well. The committee agreed and particularly noted the discharge of functions by Mr Justice Gino Camilleri and Magistrate Saviour Demicoli notwithstanding their helath problems and difficulties.
The committee today also discussed a draft Bill in line with the terms of reference of a motion moved by Justyne Caruana (PL) and approved by Parliament on reforms in the Gozo court.
The committee meets again on Monday.
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silvio loporto
Feb 8th, 08:31
Keep it up Franco.
You are winning.
pat muscat
Feb 8th, 08:23
La Franco qal li Gonzi ghandu jirrezenja; taparsi jirrezenja ma jirrezenjax u jaghmel tellieqa wahdu ! La Franco qal iridu jiddifikaw il-ligijiet, dawn isiru without the Justice minister in sight, ghax malajr jibdew jitghajjru! Issa jonqos li Austin Gatt jirrezenja biex ihaddem il-magna tal-partit: Franco qal li jrid jirrezenja, u GonzPN isib skuza biex jaghmel dan! Dan kollu tort ta Joseph Muscat: ara kemm jaf jikkontrolla lil PN anke barra il-Partit! Is-sabieha hi li Gonzi ma jisthix jobdi l-ordnijiet ta Franco, ghax Dr Gonzi iggranfat mas-siggu tal-poter, u il-poter ghasel: lest li bhal Goethe ibigh kollox, basta jibqa hemm?
Alfred Falzon
Feb 8th, 19:09
@ pat muscat
From what I have heard and read in the local media, Prime Minister Dr Lawrence Gonzi made it clear at the Party Conference that he is above all a "man of compromise".
That's what makes a good and tactful leader, the like of whom we have already witnessed during the Libyan Uprising, and one who refuses to qualify a member of his Parliamentary group or anyone for that matter, who dares question his policy, a "traitor"!
Doesn't that ring a bell to you, one that dates back to 1998, going down memory lane, when the PL imploded and its leader Dr Alfred Sant lost his head at Birgu only to realise that it was too late for his Party to regain the electorate's trust in his failed policy of diktat?!
Alfred A. Falzon
j brincat
Feb 8th, 08:07
The PN is suddenly cosseting Dr Debono. There's no need to ask why!
Stamping of the feet may bring wonders!
(jb)
Noel Mifsud
Feb 8th, 05:24
Sur Galea dan partit li jaghmel kollox biex jibqa fil poter, u li qieghed jaghmel biex Franco Debono ma jitkellimx. B hekk qal Gonzi li din is sitwazzjoni trid titranga, u irranga basta baqa imkahhal mas siggu.
Carmel J. Caruana
Feb 8th, 04:43
Good work Dr Debono, keep it up!
walter camilleri
Feb 7th, 21:24
In Great Britain, and I believe (although I could be wrong here) also in most European Countries there exists a sort of "Judges College" that newly appointed Judges and Magistrates attend before beginning to preside in Court. Judicial procedures and, more importantly, sentencing policy are among the concepts discussed to ensure there is a commonality of application of the Law.
I understand that in Malta a similar concept has occasionally been mooted, but the Independence of the Judiciary is the reason quoted as the reason for its non-acceptance. Can anyone confirm whether this is the case?
Walter Camilleri
Francis Attard
Feb 7th, 21:14
What about allegations of corruption concerning government officials? Are their investigation going to remain depending on the discretion of the Prime Minister?
Alfred Falzon
Feb 7th, 18:46
Elated to learn that Dr Franco Debono is chairing the Committee for the Codification of Laws!
This is democracy in action and may meritocracy be the order of the day rather than nepotism or any other kind of favouritism.
This is not an easy task for all the Honourable gentlemen sitting on this Committee, but at least we trust that the ball will start rolling in the right direction.
We are not expecting the impossible because everything takes time, but once there is is good beginning, the chances of a satisfactory outcome will be far from remote.
This is what the electorate is after, not a vertiginous rush to a game of musical chairs!
When the time is ripe then good luck to all participants in a healthy run for power!
Alfred A. Falzon
Alfred Cassar
Feb 7th, 21:13
I think Franco Debono has what it takes to arrive at the right destination in a relatively short time
Mr J Aquilina
Feb 7th, 18:12
While discussing these most needed changes, will the Honorable gentlemen and ladies attempt to address issues where citizens are obliged to call at the courts to testify, when it is already known that the Magistrate/Judge will not be available?
Thousands of man hours are lost by civil service/law enforcement personnel who are called to give evidence en masse, wait for their turn at the courts for 4 or 5 hours just to be informed that the case, if not the entire case load for the day has been deferred for another sitting six months down the line.
This is a common occurance at our law courts where the Judiciary enjoys devine status while public officers and common citizens are summoned under the threat of arrest or contempt of court. This is not acceptable in the third millenium when ICT can work wanders and everyone on a public salary should be accountable.
Us taxpayers humbly ask for a righteous way out of this squandering of tax money.
maria aquilina
Feb 7th, 17:29
Trying to mend fences
Hope that you stick to your guns.You are no little child. Good luck
Mr Mike Farrugia
Feb 7th, 17:26
What about setting up a similar commission to discuss the situation in the unsustainable health sector?
Joe Grech
Feb 7th, 17:11
Thanks to M.P. Franco Debono things have started happening.
I appeal to His Excellency President George Abela to take an active role in the reforms. People are being very negatively affected at present.
Edgar Azzopardi
Feb 7th, 16:53
The law courts have become a glorified PN club.
Only those committed to the PN are considered to be anything - whether in the judiciary or any other post. But he appointements of the judiciary is becoming a farce .
Those appointed to magistrates or judges are known PN supporters. This is a mock independence which the citizen is paying for dearly. It has stopped being an honor to be appointed to the bench. It has become a political appointment like any other. The biggest injustices can be seen in the Courts of Justice, thanks to uscruplous Ministers of Justice we have had for these past years.
Many appointements have been of lawyers from the legal office of the previous Minisiter of Justice. Is this a coincedence? Dont think so!
Charles Massa
Feb 7th, 16:50
Committee chaired by Franco Debono!!!!!!!!!!!!!! Mhux ta b xejn astjena. Issa l PN imissu ibdel ismu u jsir partit tal U TURNS ghal mil kbir sa zghir hlief U Turns ma jamlux. U Gonzi jghid li mhux imwahhal mas siggu.
A Trapani
Feb 7th, 19:30
am I smelling a smell of burnt here ?
Alfred Cassar
Feb 7th, 21:11
Charles ftakar li Gonzi ghandu d-dritt u d-DMIR li jibqa 'mwahhal' ms-siggu sa almenu sena ohra, wara mandat li inghata lilu u lill-partit tieghu mill-poplu. U dak li jghid il-poplu ghandu jkun accettat minn kulhadd, inkluz Muscat
George Cremona
Feb 7th, 16:35
I think this is a good and a healthy discussion which should keep on going. This is real democracy and all those, including all the MP's sitting on this Committee not least Dr. Franco Debono and the Prime Minister, who are contributing towards such a healthy forum should be congratulated.
FRANS H SAID
Feb 7th, 16:31
I have stated many a time. What is going on is good, very good, but these should not be controlled by a commission. The house should have a justice committee, on the same scale as that of the senate of USA. Appointments must not be done by the minister or govt of the day but by parliament with consensus between the political parties as represented. Thus any appointee will not be bound by loyalty to a party but to parliament. Nothing is perfect, but at lease it will be step forward.
John L Galea
Feb 7th, 16:06
Pleasing Franco debono to hang on to power.
Alfred Cassar
Feb 7th, 21:08
Yes he has to be pleased if what he says is good for the country
C Pisani
Feb 7th, 15:35
Wasn't this another of Franco Debono's proposals. Is Lawrence Gonzi giving in to (correct) pressure, and indirectly admitting that FD was correct?
William Calleja
Feb 7th, 16:03
Who cares, as long as we get good laws it doesn't matter who did what on behalf of whose wants. Final result, good laws.
Mr Marcel Dingli
Feb 7th, 16:22
Good laws by themselves mean nothing. It is a start but not enough. We need proper execution of justice, proper investiagators without favour, and a proper whole everything, in all senses.
Joseph Brincat
Feb 7th, 16:48
William Calleja.
Who cares as long..................................................................
Well I do care for if it wasn't FRONCO DEBONO nothing would
happen whit il- klikka Gonzi pn , he sacrifice himself !!!!!!!!!!!!
Tony Borg
Feb 7th, 17:31
It Means that FD was right from the start!