Government presses on with its judicial reform
The proposed law raises the retirement age of judges and magistrates by three years. Photo: Matthew Mirabelli
The Government is pressing ahead with judicial reform and has put the issue on Parliament’s agenda, despite Labour’s opposition to giving a pay rise to judges and magistrates as part of the deal.
“This is a package deal and we cannot pick and choose,” Justice Minister Chris Said said, urging the Opposition to rethink its position.
The Association of the Judiciary and the Chamber of Advocates are both backing the Government in its bid to move ahead with the reform.
Parliament last week unanimously approved the first reading of the Judiciary Pensions Bill, which will translate the agreement reached with the judiciary into a legislative Act.
The proposed law increases the retirement age of sitting members by three years to 68. In return, judges and magistrates will be given a service pension, over and above the entitlement of a capped two-thirds pension, putting them at par with MPs.
Other aspects of the deal include the introduction of an appointment system for all sittings, court sessions in the afternoon, more accountability through changes to the Commission for the Administration of Justice.
Crucially, members of the Bench will receive a €12,000 increase in allowances over three years.
Mr Said said following consultations, the Government had decided to forge ahead with the agreement although Labour’s position was not helping.
“Despite the Opposition’s stand against the long-sought agreement with the judiciary, the Government feels that reform in the administration of justice is crucial. This is why we are determined to implement what we have agreed.
“This is a package deal and we cannot pick and choose. We hope that the Opposition rethinks its position and votes with us in Parliament over this important Bill which will contribute towards a better justice service,” he said.
Following weeks of silence over the reform, Labour’s justice spokesman José Herrera said its parliamentary group would not object to amending the Constitution to raise the retirement age of judges and magistrates.
However, it could not support any pay rises for members of the judiciary as the economic climate was not conducive to such an arrangement.
Labour’s position was lambasted by both the judiciary and the Chamber of Advocates.
“We have agreed on a package of reforms and Labour cannot choose what is good and what isn’t,” a senior judge told The Times.
This newspaper is informed that the Association of the Judiciary was expecting the Government to implement the agreement despite the Opposition’s stand. “Dr Herrera had clearly indicated to us that he was totally in agreement with the deal struck,” another judge said. “We cannot understand the latest change of heart and we hope that Labour is not politicising the justice system.”
The Chamber of Advocates too felt the Government should continue to implement what had been agreed.
“The Opposition is wrong in its argument about the increase in allowances – as being a judge is no ordinary job,” chamber president Reuben Balzan said.
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Ronnie Callus
Oct 11th 2012, 09:13
Ilhom jghidu tant l-unions li z-zjieda tinghata mall - produttivita tant u bqajjna fejn konna !! issa se' tizdied il-produttivita lejliet elezzjoni u fejn id-dinja ghaddejja b'ricessjoni wahda fuq l-ohra u tidher li ma' tistax tohrog minnha. Mela sew aktar mghandna Dejn aktar inzieduh fi krizi bhall din fil-munita ta' l-euro. Veru mhemmx onesta fit-tmexxija u kulhadd jahseb x'ha dahhal gol-but.
Mr Andrew Camilleri
Oct 10th 2012, 17:19
Employers' unions have always insisted that pay rises are linked to productivity. Is government ensuring that this also happens with the judiciary?
Jay Oatmon
Oct 10th 2012, 16:57
to George Calleja
Everyone can see how bad the courts and politicians are - except yourself maybe?
Do you really think that if you do not complain things will automatically get better - think again!
It is the squeaky wheel which gets the oil - just accepting everything as it is for any easy life, means no change for the better!
GL Calleja
Oct 10th 2012, 17:48
When it comes to politics and politicians, us Maltese are very gullible and very submissive. And as I always say " We are Maltese and we do as we please".
J Cauchi
Oct 10th 2012, 16:30
As a citizen that have always paid taxes, I think that I have the right to know who are these judges that passed these remarks. Otherwise I take these comments with a pinch of salt.
A Tonna
Oct 10th 2012, 16:13
How about giving magistrates and judges clear targets that would earn them their increases? They need to be working as hard as others in the workforce. Current backlog is pathetic, but they don't seem to care. But then, PN was always a party that has looked out for the legal profession, rather than for the people of Malta.
m. borg (slm)
Oct 10th 2012, 15:29
It was a couple of magistrates that have ruined any trust the judicary had when they succumbed to greed.
The tip of an iceberge is said to be only 1/9th of what is hidden below it.
m. borg (slm)
Oct 10th 2012, 15:27
"Dr Herrera had clearly indicated to us that he was totally in agreement with the deal struck,” another judge said.
Again why hide the name?
Only those with a guilty conscience would hide behind a reporter's article or is the report making things up.
m. borg (slm)
Oct 10th 2012, 15:25
“We have agreed on a package of reforms and Labour cannot choose what is good and what isn’t,” a senior judge told The Times.
Who is this senior judge?
Why is he affraid to show his name, maybe because of incredible sentences that have been given by him?
anthony sultana
Oct 10th 2012, 15:20
Il minimum wage tifriza u l- maximum wage toghla,dik serjita.
Ronnie Callus
Oct 10th 2012, 15:18
For all we are seeing whats going on in other countires with regards to the euro (where even France is now being mentioned), Dr.Gonzi should be held responsible for all these payments when it is not the ideal time to do so. Malta is acting the opposite way the other EU countries are doing, when we have all that huge National Debt and Deficit year in year out. It's a Shame.
m. borg (slm)
Oct 10th 2012, 15:17
Dispite some very silly unbelievable sentences meeted out recently gonzipn simply wants to advance those who have left much to be desired.
Is this how to garner a couple of score of votes?
Blumming expensive way to go about Mr gonzi.
twanny borg
Oct 10th 2012, 15:04
hekk sewwa!! mela 12,000 euro zieda hemm flus imma biex parenti tieghi u ohrajn f'ward 8 tal-irgiel san vincenz irid jaqla ghonqu jekk irid jara t-tv qadim zghir imwahhal kwazi sas-saqaf. flus biex jixtru tv projector ma hemmx avolja tinzamlu 80 fil-mija tal-penzjoni.
j brincat
Oct 10th 2012, 14:49
Now the government has to take this to the vote in the House, no?
SO what is it (GonziPN) waiting for?
Or was this said just to impress and so score brownie points in view of the upcoming election?
(jb)
GL Calleja
Oct 10th 2012, 14:45
These are all political games that the government plays at the expense of the citizens. I can almost guarantee that that the €12,000 increase in allowances over three years is already in the bag and consider it signed and delivered. Where there is smoke there is fire. Put 2+2 together and you come up with 5. There is the odor of an election in the air and anything is possible.
Paul Camilleri
Oct 10th 2012, 13:21
If courts were offering a good service and on time I would have said that the increase in benefits might be justified. But with the ridiculous way how courts are proceeding, there is no way that they deserve this increase.
Paul Bajada
Oct 10th 2012, 12:53
GonziPN ma fadallux triq ohra li jgholli l VAT fuq kollox, mill inqas 20%, biex jaghmel tajjeb ghall dan it tberbieq bla bzonn qabel l elezzjoni....
Vince Deguara
Oct 10th 2012, 13:28
ghadek taqbel li jonqsu l-kontijiet tad-dawl u l-ilma? jew fejn joqros lilek hemmek storja ohra?
T Mizzi
Oct 10th 2012, 12:45
Maltese courts are more often the object of ridicule than praise. Rooting out corruption and punishing powerful figures generally have not been among their top priorities.
If anything, the courts are still the greatest bottleneck to accountability!
W. Grech
Oct 10th 2012, 13:58
WELL SAID
david debattista
Oct 10th 2012, 17:12
Agree 100 %
D Borg
Oct 10th 2012, 12:33
The Minimum Wage has not increased (except for COLA)...
Sound economics dictate that emoluments should increase subject to increased productivity and/or quality.
Define specific individual targets in the Law Courts, once and only if they are achieved give the increases specifically tied to such individual target.
As regards 'ordinary job' or not - in the hierarchy of crucial services, I'll have a farmer, nurse, engineer, or even a plumber anyday - and everyone else can keep the lawyers and the clan they face daily...
Paul Bajada
Oct 10th 2012, 12:32
For decades the judiciary has NOT delivered! Full stop. Why should we start with a 12,000 euro increase and then HOPE for improvement? First the improvements and then the increments.
Who shall foot the bill of this disgusting increase in salaries? So the humble citizen out there, who has been awarded 1.16euro weekly increase has now to fork out the additional judiciary salaries, the Ministers 500 euro weekly increase, the civil servants 60 million euro increase, the 3.2million euro car parking slots... from where?
but there is no money to reduce the electricity/water tariffs...
This government is hell bound to leave a bankrupt country behind it.
m. borg (slm)
Oct 10th 2012, 15:21
Exactly , knowing that it's time is up for judgement gonzipn simply wants to leave the country's economy in ruins.
The motive of this is simply gonzipn's way to pay back the maltese electorate for ousting them.
Vengance gets you nowhere.
George Calleja
Oct 10th 2012, 12:32
Ma tarax li l-PL mhux se jkun favur ir-riforma li tinkludi z-zieda. Ara kieku kien hemm xi bazuzlu minn taghhom zgur li kienu jaqblu. Imma bhalissa jaqbel li jopponu kollox halli jidhru sbieh ma l-elettorat
Joseph N. Attard
Oct 10th 2012, 12:32
I will only touch on one aspect of the required reform. May some decent way be found to ensure that sentences really reflect the crime. The general perception is that today, many sentences don't.
Lino Maniscalco
Oct 10th 2012, 12:27
Min jikmanda jaghmel il-ligi. Huma jikmandaw u jistaw jaghmlu li jridu bi flus il-poplu. Ahna jikmandawna huma u jaghmlu li jridu bina.
J Cauchi
Oct 10th 2012, 12:24
lIll-Kamra tal-Av ukti u lill-Assocjazzjoni tal-Gudikatura; Iz-zmien tal-privileggi suppost li spicca u hadd ma jrid li jigi lura. Jekk se nsibu l-mijuni biex inziedu b'dan il-mod goff lill-membri tal-Gudikatura, allura ma nsibux flus biex intejjbu l-kondizzjonijiet tal-familji batuti!! U l-pensjonanti l-Ministru Chris Said u l-Gvern tieghu ma jhossx li ghandu jistmahom daqs dawn in-nies!! Nifhem ghala l-Kamra tal-Avukati huma favur iz-zieda ta 12,000 ewro lill-gudikaturi; almenu mill-fomm il-barra. Le, mhux il-PL biss ma jaqbilx ma dan l-agreement. Ma taqbilx il.-maggoranza l-kbira tal-poplu Malti.
Joanne Micallef
Oct 10th 2012, 12:14
Why should the reform start from a pay rise? The majority feel that our court has been failing us for many years now, I personally do not feel that they deserve the rise for now.
Mr Albert Dimech
Oct 10th 2012, 12:10
No rise without more efficiency. Ww had a recent case of a man who is on his way to reformation and is now forced back behind bars only because the case took so long to end. I have a relative of mine who experienced the same faith.
Jeffrey Mallia
Oct 10th 2012, 12:06
Reform ?? ( pay rise ) After the everyday fiascos we hear !! I wish I would be a prime minister.....I'll sack the lot.
Jay Oatmon
Oct 10th 2012, 12:01
I have no faith in the Malta courts nor do I have faith in the politicians (both groups are purely self serving) - they have 'flattered to deceive' for far too long in my view.
The whole thing is nothing better than a can of worms.
George Calleja
Oct 10th 2012, 12:30
Either go and live in wonderland or go back to your country....where everything seems to be perfect!!!! I wonder why you're still amongst us because you're always moaning
david debattista
Oct 10th 2012, 15:19
George Calleja Looks like you are having a good time !
j brincat
Oct 10th 2012, 11:58
@George Cutajar
"It is not surprising at all that the PL have taken the stand that they are not in agreement with the salary increase as this stand is very populist to say the least"
AND how popular is this agreement with the OTHERS (those not involved)?
(jb)
George Cutajar
Oct 10th 2012, 12:10
@ j brincat - the problem with this agreement is that the judiciary is made up of only about 35 members and consequently is a very small sector. The PL can very well afford to oppose this agreement as it will not hurt their quest to win the next election.
Actually Labour's opposition to this agreement might very well help their cause and this is now the obvious road the PL has embarked on - they simply want to be seen as popular with one and all - the judiciary is expendable.
Edgar S. Galea
Oct 10th 2012, 11:57
Government robbed me 80,000 Euro, a few months ago, in taking over two premises from me. Now Government found enough money to squander. What is sauce for the gander isn't sauce for the goose.
Paul Bajada
Oct 10th 2012, 12:35
I do not "believe" you. These things only happened under MLP and Mintoff!
j brincat
Oct 10th 2012, 11:56
Why doesn't GonzPN press on with the presentation of the Budget so that the whole world would know whether this government still commands a majority in the House?
Imagine if the recent happening were taking place in Labour's time.
Li kieku holl xaghrek u gib iz-zejt with Fosos gathering, civil disobedience, social boycotts, Mnarja strike and Freedom Fighters writing volumes about how our democracy is being eroded.
Last Monday Labour was historically vindicated.
GonziPN in one day undid all what EFA did to justify his actions following the 1981 election!
(jb)
George Calleja
Oct 10th 2012, 12:35
Sunjal li l-poplu hu ntelligenti u mhux qed jaghti kaz tal-manuvri li qed jaghmlu shabek halli jfittxu jiksbu l-poter f'idejhom. Missu wara dan kollu tergghu tispiccaw fl-oppozizzjoni!
George Cutajar
Oct 10th 2012, 11:52
The proposals for the reform must be put in place sooner rather than later. The judiciary in Malta, with all the problems it has and is facing, deserves our respect and should be adequately compensated for the service it rendere ro society.
It is not surprising at all that the PL have taken the stand that they are not in agreement with the salary increase as this stand is very populist to say the least.
Alfred Vassallo
Oct 10th 2012, 12:13
''deserves our respect '' They have to earn it first, as things stand many people doubt it.
R. Farrugia
Oct 10th 2012, 13:20
What service are they rendering Mr.Cutajar? Hoax sentences causing outrage in the rest of society? The judiciary should be payed to APPLY the law, not forge it as deemed necessary according to their thoughts and depending on the accused or involved in the cases!
Pay raise? I'd propose a cutback until something respectable comes out of that building.
j brincat
Oct 10th 2012, 11:42
“This is a package deal and we cannot pick and choose,” Justice Minister Chris Said said, urging the Opposition to rethink its position."
AND why should the PL rethink its position?
Why should a certain class of 'worker's be treated fairer than the other classes?
If the PL rethinks its position then it would be discriminating against the other strata of society. In the PL's eyes we are all EQUAL!
(jb)
Maria Xuereb
Oct 10th 2012, 11:37
Qalbu tharqu l-Gvern biex jaghtihom iz-zjieda lill-Imhalfin u Magistrati ghax 90% minnhom nahseb jaraw blu u dan nistghu narawh mill-ahhar appuntamenti ta' Mhalfin, min suppost imissu diga nqabez kemm il-darba ghax forsi nzerta ghandu min jara ahmar fil-familja? Gustizzji rridu mhux ingustizzji u sur Gvern kullhadd qed ibati biex jaqla x'jiekol hazin hazin allura ahna z-zghar ma haqqniex daqsxejn iktar milli jiehu s-sinjur!!!!!
Joseph Brincat
Oct 10th 2012, 11:27
Government presses on with its judicial reform
http://www.youtube.com/watch?v=GUfS8LyeUyM
Dominic Chircop
Oct 10th 2012, 11:43
And why not ? {arliament, like the stamperija, the Nationalist Party, and public broadcasting, have become private chattels. Roll on feudalism !!!
Karl Brincat
Oct 10th 2012, 11:27
The judiciary well deserve this... stop putting them down as they have one of the toughest jobs anyone could have... put yourselves in their shoes for goodness sake ! Of course they arent perfect... but who is really ? Still i wouldnt want to be in their shoes !
Mr Duncan Scerri
Oct 10th 2012, 12:36
No, they deserve a slap.
Dominic Chircop
Oct 10th 2012, 13:11
I will not quibble with the fact that they are to get a rise in salary. What I find disgusting is that they are being elevated to the status of MP's and ministers, and thei pension will not be limited to two thirds of eleven thousand, but to their full salary. Another case of some animals are more equal than others. Nobody is mentioning this fact, obviously.
Victor Calleja
Oct 10th 2012, 11:24
Tghid kif se jivvota Dr. Franco?
George Calleja
Oct 10th 2012, 12:40
La l-gvern hu favur, hu zgur jivvota kontra!!!!!!
vella m
Oct 10th 2012, 11:15
The rich getting richer.
Carmel Grima
Oct 10th 2012, 11:03
Sinjuri Gudikanti hudu hsiebi u irrangaw il-ligi ta' l-Ispoll u kif jinghataw is-sekwestri ghax tfajtuni ma l-art u ghalxejn issa se nirbahhom it-tnejn, dahhaltuni fi 20,000 euro dejn biex niggildilhom u ma nafx min minhom se jkollu flus biex ihallasni. Dawn tghidulhom gustifikati:l-ispoll u s-sekwestri bla addocc?
E Schembri
Oct 10th 2012, 10:08
How about a reform in the criminal laws so that this pay rise can translate to something more than a suspended sentence for criminals?
When are we going to reform the judicial system into an efficient and strong deterrent to criminals???
Or are judges only interested in pay rises?
R. Farrugia
Oct 10th 2012, 13:33
The laws are deterrent enough to criminals, they just need to be applied properly.
Blind justice? No, in malta we've got better, CALCULATED Justice!
(Dependent on so many factors only a judiciary can handle...)
Joseph E Briffa
Oct 10th 2012, 09:44
The change of heart mentioned in the article had to come about following JM's statement that the minimum wage will not go up until such time as there is significant economic growth. Labour supporters will view an increase in the salary of the Judiciary as discrimantory.
Please choose the reason of your report below: