Labour has fiercely criticised the Government for giving pay rises to the judiciary before finalising a holistic reform.

It’s not fair to make the judiciary wait longer just because politicians don’t have the time to agree on legislative amendments

“This is another decision taken behind people’s backs, which shows Lawrence Gonzi learnt very little from mistakes made in the past,” a Labour spokesman said, recalling the furore over the manner in which the Prime Minister and Cabinet were granted a pay rise earlier in this legislature.

Meanwhile, the Chamber of Advocates has defended the Government’s actions, saying it would be “unfair” to postpone the allowances since the judiciary kept its side of the deal.

The Times reported on Monday that judges and magistrates had begun to receive increased allowances before judicial reform was endorsed by Parliament.

Labour insisted it was against the increases for judges and magistrates because they were part of an unsatisfactory reform that the Government pushed forward as an “all-or-nothing deal”.

“Our option was for no deal since we were, and still are, of the opinion that the so-called reform is superficial,” the Labour spokesman said, adding that the Government was not in a position to work “objectively” on a pay increase following its €500 weekly increase.

Asked whether Labour would retain the increases for judges and magistrates, the spokesman said: “Government alone should shoulder responsibility for its decisions.

“A new Labour government would definitely embark on a more holistic and radical reform with regard to the judiciary,” he added, pointing out that Labour leader Joseph Muscat had promised a review of the judiciary followed by a reform carried out by the end of this year.

“Such reforms will be treated with priority and would also consider, where necessary, the issue of financial remuneration to members of the judiciary,” Labour said.

Members of the judiciary have received €4,000 this year over and above their salary and other allowances. The figure will increase to €8,000 next year and €12,000 in 2014, after which judges and magistrates will continue to receive €12,000 annually above their current packages of €53,200 and €46,500 respectively.

The raise was announced in August as part of a reform that was to see the retirement age increase to 68 from 65, a change to the pensions system and more accountability and efficiency by the judiciary, in part through the strengthening of the Commission for the Administration of Justice.

While allowances were introduced, other aspects of the reform were suspended due to the defeat of the Budget in Parliament, which will be dissolved next week.

Justice Minister Chris Said justified the way things were done, saying: “We are going to implement everything. There are some things that could be introduced without going through the parliamentary process and there are other things that need a parliamentary process.”

He stressed that the raise was important and justified, mostly because the Government wanted to attract the best legal minds to the judiciary.

Chamber of Advocates president Reuben Balzan told The Times it would be “unfair” to postpone the allowances given the judiciary stuck to its part of the deal.

Judges and magistrates have since October accepted to introduce a court diary system and to begin afternoon sessions as well as training. Now it was up to Parliament to introduce the accountability aspect, by strengthening the Commission for the Administration of Justice.

“Ideally, everything should have been implemented together, but it’s not fair to make the judiciary wait just because politicians don’t have the time to agree on legislative amendments,” he said, pointing out that the reform was concluded just before an election campaign.

Dr Balzan was also asked for his reaction to Chief Justice Silvio Camilleri’s comments on New Year’s Day that the judiciary was passing through tough times and must rebuild the people’s trust.

Dr Balzan agreed with the Chief Justice that judges and magistrates should be “beyond reproach” and maintain the highest standards.

He said the Government had to find a way of attracting the best legal brains while ensuring they had the right backgrounds to be good judges.

He also stressed that it should never be acceptable to link ethical conduct of the judiciary to their remuneration.

Sign up to our free newsletters

Get the best updates straight to your inbox:
Please select at least one mailing list.

You can unsubscribe at any time by clicking the link in the footer of our emails. We use Mailchimp as our marketing platform. By subscribing, you acknowledge that your information will be transferred to Mailchimp for processing.