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Labour torpedoes judicial reform bid

Court reform hits snag

A long-sought agreement with the judiciary which is meant to enter into force tomorrow is in the balance as the Labour Opposition signalled its disagreement at the eleventh hour.

Labour’s parliamentary group decided it would back a proposal to increase the retirement age of sitting judges and magistrates from 65 to 68 years but will oppose the other parts of the package, which includes a €12,000 increase in allowances over the next three years and a new retirement pension system.

The decision follows a meeting of its parliamentary group last week in which the draft agreement between the Government and the judiciary was discussed.

“We think the current economic scenario does not permit an increase in the salaries and allowances for the judiciary, even though they might deserve one,” Labour’s justice spokesman Jose Herrera told The Sunday Times.

“We opposed an increase in the salaries of MPs and ministers over the past years for the same reason and we will be consistent even with regards to the judiciary,” he said.

Insisting this was the official collective position of Labour’s parliamentary group, Dr Herrera said his party would, however, support the proposal in Parliament to raise the retirement age for members of the bench.

Dr Herrera said there were various reasons to support a longer working-life for the judiciary, particularly to attract senior lawyers to the post and to avoid situations where judges about to retire asked for government appointments after ending their career at 65.

The reform package, intended to revamp the much-criticised court service, provided the judiciary with increases and better conditions in return for an improved service, including the introduction of a diary system where all cases are to be heard by appointments, the holding of afternoon sittings and a reform in the Commission for the Administration for Justice.

The Government was still due to start discussions with the Opposition on the commission as it needs its consensus on any changes.

According to Dr Herrera, the Opposition would prefer to start the discussion on the reform of the commission first and then discuss increases in the financial package.

“We have nothing against the judiciary but we want to see more accountability,” Dr Herrera, a seasoned lawyer, insisted.

Although the Government can still go ahead with the agreement concluded with representatives of the judiciary, as increases in salaries and allowances do not need the support of the Opposition in Parliament, observers pointed out that it will be difficult for the Government to continue with its plans.

“Like any agreement this was a give-and-take exercise. It’s difficult to pick and choose,” a senior lawyer told this newspaper.

A former judge said the fact that the Government is entering the last part of its legislature unsure of the support of all its MPs may have tilted the Opposition’s position towards torpedoing the agreement.

“On the other hand, it was a tactical mistake on the Government’s side to agree to a financial increase without getting commitments on concrete reforms in the Commission for the Administration of Justice and more accountability,” another lawyer said.

Currently, judges receive annual remuneration of around €50,000 and magistrates earn €44,000, apart from allowances which include a chauffeur-driven car for their family’s use.

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Mr M Spiteri

Sep 30th 2012, 21:49

Well time has proved Churchill wrong as it is capitalism that has brought the world's economy to the state it is today.

Ronnie Callus

Sep 30th 2012, 19:07

Hundred percent correct Joe.

victor bonello

Sep 30th 2012, 14:56

do you not read the papers? this very week on the Business Supplement of this paper David Marinelli explained the dramatic financial situation Malta is in because of the overspending and irresponsible way GonziPN has been administrating.
Labour unlike GonziPN is not trying to buy votes. They are being realistic.
It might very well be that we might be needing logs to keep warm but this is only because of a minority that have been eating too many lobsters and drinking too much champagne!.

cesco di luigi

Sep 30th 2012, 17:47

If that is so then I will vote Labour. Incompetence and laziness should not be rewarded.

Joe M Borg

Sep 30th 2012, 18:01

Victor Bonello. Don't you read between the lines? Who is buying votes? Who is promising everything to everyone? JM promised to bring the utility bills down, and I believe that he will! However, he NEVER stated HOW. Lately he is indicating how: wage freeze is one. Just like Alfred Sant did in his time. He promised to remove VAT, which he did, ONLY to introduce CET. It's an old Labour tactic.
JM promised an earthquake once,....well, these are the first tremors. Wage freeze seems to be the first, others will follow.
You also mentioned the 'supposed' financial situation Malta is in. What situation would we be in, if instead of joining the Euro, as PN did, we had done what Sant had suggested, devaluing the Malta Lira by 10%? I cannot even begin to comprehend what would have happened to all our savings and assets! Do you? Do you realize that today ALL YOUR ASSETS would be 10% less? Savings, home, cxar, etc..... Use your brain! But thankfully we did what PN suggested.

Mr Giancarlo Bonnici

Oct 1st 2012, 08:56

@ Joe M. Borg

Just to put the record straight. You mentioned in your comment that Dr. Sant had suggested a 10% devaluation of the Maltese Lira. I'm not going into the merit on whether this would have been beneficiary or not, but may I remind you and the readers that a 10% devaluation of the Maltese Lira was not only suggested but IMPLEMENTED in 1992 by the Nationalist Government lead by Dr. Fenech Adami

victor bonello

Oct 1st 2012, 10:29

@ Joe M Borg. Thank you fro your reply, but I find it without much gist. If we were to compare the cost of living between M Vs Euro you will realize that we had a devaluation far greater then 10%.
What used to cost 1 LM - 2.42 euros to day cost double that except for the Lira shops.
Besides that one has to look at an even wider angle. We have had so much money throw to the wind that whilst the Lm was backed by reserves to day our Euro is on the brink of collapse.

E. Vassallo

Sep 30th 2012, 16:14

You really do not know the responsibility and work of the Judiciary. bet your labour leader is starting his wage freezing from the members of the Judiciary...

cesco di luigi

Sep 30th 2012, 17:49

And by this agreement magisrtartes will also get this increase PLUS the super package.

Paul Konti

Sep 30th 2012, 15:18

AND MOST CERTAINLY DO NOT NEED!

Joseph John Camilleri

Sep 30th 2012, 14:00

It was in depth when the rains arrived.

Noel Abela

Sep 30th 2012, 11:26

Richard please gewt a life and be honest with yourself and those who read these blogs. If you agree with such a hefty raise in the salaries of these civil servants then you must be out of your mind. After all us working class people only got euro1.16 a week rise.

John Williams

Sep 30th 2012, 11:38

an extra EUR 12,000.00 qed nitkellmu ta!!! u meta jkollok paga ta EUR 55,000.00 plus car and driver, ma nahsibtx li tissejjah wage freeze!!!

kun aff fatti u mhux tisma min dak li jajdulek richard

George Joseph Cauchi

Sep 30th 2012, 12:08

I wouldn't mind an increase in my earnings or an uncapped pension. Anyway what are these increases in salaries meant to cover? An increase in productivity ? Politicians from the two large parties keep on harping about the competitiveness perspective in the keeping the minimum wages as it is. Once again two weights and two measures.

Ronnie Callus

Sep 30th 2012, 12:16

@ Noel Abela:
Well said the more they have the more they get, whilst the lower class given 1.16 euro which was already taken by the increase of Gas, fuel and energy. Is this all honesty with us tax payers which is surely paid from our salary deduction. On the other hand are we going to increase the National Debt when we already are not coping with it. This is the same as the 500 euro per week given behind our backs to the parliamentarians who are more on holidays than in parliament. Dr.Franco was an eye opener to all and now he should show his committment beliefs.

M Borg

Sep 30th 2012, 12:18

I do not agree with the minimum wage freeze or with a freeze on other salaries, but I do agree that this financial package should not be given.

Why do they need to be given another €12,000 increase to the allowance they already get ? Why should a high increase ?

But what should never be started is a new retirement pension system. They are not the only " workers " who are paying a high NI tax but while all of us get the national pension it is being proposed that they will be given an uncapped pension.

It is bad enough that we have MPs enjoying this why include the judiciary now ?

Richard Caruana

Sep 30th 2012, 12:57

@ N Abela

Don't need to get a life, I've got one and proud of it.

I'm a pensioner and get the same as 'us working class people'. So what?

Under Labour's pension law I would have got 2/3rd of what you and every 'working class' people get.

So believe me, I'm much better off, thank you

Richard Caruana

Sep 30th 2012, 11:01

Typical socialist thinking... still embedded in thinking of 'different strata of society'. Before, in less flowery words, it was called 'different classes',

And there are those who believe JM and his Movement/Party or whatever it's called these days, wants to create a new 'middle class'.

Cobwebs, nothing but cobwebs.

Ronnie Callus

Sep 30th 2012, 19:12

@ Richard Caruana:
Different classes are created by the PN when he gives rise in salaries by percentage.

M Sciberras

Sep 30th 2012, 11:40

I suggest you acquaint yourself with what statistics are really saying. A legal partnership or law firm earns profits AFTER all salaries have been deducted. So to find how much salary is earned by top lawyers - or other professionals who own companies or benefit from profit sharing schemes - you need to also factor thier share of the annual profits of the firm or partnership.. So yes, my friend, these comments reflect alot of ignorance. The share of the annual profits of the firm is often much greater than the amount declared as salary. This is common and acceptable practice in companies everywhere and is perfectly legal by the way, just in case it needs clarifying....Dont be taken for a ride by opportunistic politicians. Judges do not have the option of running companies.

cesco di luigi

Sep 30th 2012, 17:51

Yes but he is not paid from taxes, but from individuals who choose him as their lawyer. that's his own private business , not Government pays him.

M Sciberras

Sep 30th 2012, 20:57

@cesco de luigi. Try and follow your own logic. Magistrates and judges are selected from the most successful lawyers. The ones who are at the top of the legal profession, bar those who have chosen to pursue careers in the Attorney General's Office, earn more than a judge makes, something you admit. So many of Malta's top legal minds either have to make a financial sacrifice to join the bench, or join it for the wrong reasons. Or people who just are not good enough are appointed. So it is in the taxpayers interest to offer the right competitive salaries. Have we forgotten the bribery of two judges a few years ago? The manifest poor quality of some of the current serving judges and magistrates? High salaries do not solve everything but the current salary structure is too low. And the same for that matter goes for politicians. Jose Herrera knows this better than anyone - this is nothing but cheap politics. A judge in Malta earns less than than the financial controller of a medium sized company. It is ridiculous.

Matthew Grima

Oct 1st 2012, 10:10

M Sciberras, do not blame the bribery on poor wages, there's always bribery no matter how much the receiver earns.

And I do not care how much a financial controller earns in a medium sized company, if that company is making a lot of money and the financial controller is performing well then he deserves to get whatever he earns.

You earn what the company you work for affords. And the government(we) cannot afford it.

Joseph N. Attard

Sep 30th 2012, 11:49

@ m.borg (slm): "In the public sector it is customary to increase an employee's wage according to his/her performance". Since when? God forbid that what you say is true, as otherwise many public so-called civil servants, from top to bottom, would get a decrease instead of an increase in their salaries. It is only in the private sector where one gets rewards according to his abilities and hard work.

Renald Borg

Sep 30th 2012, 10:14

If we should reform salaries then we start from the bottom up!

Richard Caruana

Sep 30th 2012, 11:02

@ R Borg

That's impossible, Sir. Minimum wages will not rise according to the lateest Labour/Socialist thinking.

Anthony Pace

Sep 30th 2012, 11:54

@ Mr Borg & Mr Caruana: Reform in salaries starts at he top and works its way down the ladder. It is a fact of life that salaries and reimbursments lag behind the rest of Europe. In my opinion the judiciary reform did not go far enough. The main judge should be on par to the President's salary together with the other judges and magistrates having a salary similar to the PM's and ministers.

Likewise hospital consultants, university lecturers, civil servant officers should be equally renumerated and their pensions similarly reformed. Then the police force pay reformed together with nurses and midwife and teachers salaries and pensions.

An increase in salaries and pensions will increase the spending capacity of the nation and lead to increased GDP, taxes, etc and more revenue raised.

I would however go for a freeze on food products and other vegetables, etc as they are presently sold on par or above the rest of the EU as we import everything.

m. borg (slm)

Sep 30th 2012, 10:02

Mr Pace are by any chance one of those who would be effected by the €12,000 increase?
First let's see reforms at our court's then they get what they deserve if they deserve any better.

Renald Borg

Sep 30th 2012, 10:16

I guess you're one of those PN supporters not able to think for yourself hence you keep repeating over and over the party's current talking points.

Lawrence Fenech

Sep 30th 2012, 10:16

@Pace.

Not giving fantastic raises is not a "wage freeze" conveniently trying to put this expression in people's mind called in other words " brain wash", also the late Dominic Mintoff was always on the giving side of the underwaged.

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