A justice reform body will tomorrow recommend strengthening the existing judicial watchdog, watering down a previous proposal to split its functions into two new commissions.The proposal forms part of the final report by the Justice Reform Commission, headed by former European Court of Human Rights judge Giovanni Bonello.
The Bonello Commission is expected to officially hand over the extensive report to Justice Parliamentary Secretary Owen Bonnici tomorrow.
The existing Commission for the Administration of Justice has long been criticised for lacking bite when tackling disciplinary cases.
It can issue a reprimand, which can be ignored with impunity, or recommend impeachment, the most extreme form of punishment.
In its original draft the Bonello Commission had proposed creating a constitutional commission to enforce discipline and another to deal with appointing magistrates and judges.
The proposal had been shot down by the judiciary.
Government sources have confirmed the Bonello Commission is now expected to propose retaining the current set-up, but create sub-committees to handle disciplinary cases and appointments.
However, of more significance will be a proposal to give the Commission for the Administration of Justice more powers at law, making it an effective disciplinarian.
The Bonello Commission is expected to propose a series of disciplinary procedures ranging from a reprimand to suspension but has dropped a previous proposal to demote members of the judiciary.
These will include giving the Commission for the Administration of Justice greater say in the appointment of judges and magistrates, which today is the sole remit of the justice minister.
But the Bonello Commission is not expected to change its position on the composition of the Commission for the Administration of Justice.
In its first recommendation it had proposed having sitting members of the judiciary in a minority on the constitutional commission.
The judiciary had strongly objected to this, insisting that magistrates and judges should be judged by their peers.
One proposal is to give the Commission for the Administration of Justice more powers at law, making it an effective disciplinarian
It is unclear which of the proposals by the Bonello Commission will be retained and rejected by Dr Bonnici, but sources said the government would be analysing the report and taking note of concerns aired by the judiciary before the Cabinet takes a decision.
Sources said the Bonello Commission conclusions would also be discussed with the Opposition, which did not put forward its proposals during the consulta-tion period.
Given that the Commission for the Administration of Justice is a constitutional body, any changes to its composition and functions will have to garner a two-thirds majority in Parliament, which means the government needs the Opposition’s agreement.
The report is also expected to propose the creation of a prosecutor general, who will relieve the Attorney General from the function of carrying out prosecutions in court.
The prosecutor general will also shoulder ultimate responsibility in cases where the prosecution is led by the police.
Another proposal will see the creation of a government corporation to specifically administer the law courts.
In this way, employees will not form part of the civil service, shedding the bureaucratic shackles that come with public service employment.
The Bonello Commission was set up shortly after the March election brought Labour to power.
Its members are Judge Philip Sciberras, law faculty dean Kevin Aquilina and lawyer Ramona Frendo, apart from Dr Bonello.
It was tasked to propose a reform of the justice system and moved quickly to produce two voluminous reports that were open for consultation throughout the summer months.
Sources said the consultation exercise had given rise to not less than 38 detailed opinions or feedback from the main stakeholders including the judiciary, the Chamber of Advocates and the Attorney General.
ksansone@timesofmalta.com