The Chamber of Advocates has launched a position paper promoting the much-desired reform of judicial appointments. As a former member of the Commission for the Holistic Reform of the Justice Sector (the Bonello Commission), I would like to note that, on November 30, 2013, the commission, following a thorough consultation process with both stakeholders and the public, delivered to the minister responsible for justice a 430-page report intended, among other things, to address judicial appointments.

In its report, the commission did not restrict itself to this subject but made broader recommendations related to the promotion, training, discipline and removal of the judiciary.

Other aspects considered were the need to establish a department of legal aid, the office of jurist and prosecutor general, a judicial services corporation to replace the current Courts Department, an overhaul of the Commission for the Administration of Justice and the Permanent Commission Against Corruption and several other proposals intended to expedite judicial proceedings, simplify procedures and introduce more accountability, openness and transparency in the judicial sector.

I subsequently drew up two Bills to implement the manifold proposals made by the commission, one to amend the Constitution and another entitled Proper Administration of Justice Bill.

The two draft laws I submitted to the government were quite detailed. The Constitution of Malta (Amendment) Bill consists of 14 pages. The Proper Administration of Justice Bill has 656 clauses and 19 schedules over 410 pages. Its object and reasons is five pages long and the Bill is supplemented by 26 legal notices running into 65 pages of text.

The need is now felt for the government to prioritise judicial reform during this year

It took more than a year of painstaking effort to draw up these Bills and legal notices.

Now that the preparatory work is concluded at drafting stage, it is of the utmost importance that these legislative measures are implemented by Parliament. The more time passes, the more they become outdated and the more effort will be needed to rewrite the Bills and legal notices.

Some initiatives have already been taken by the government, which are not necessarily in line with the Bonello commission report. Others, like the Chamber is advocating, may depart therefrom in certain minor respects.

While the Bonello commission report is not cast in stone, and even the commission members themselves had lively debates on certain aspects, the need is now felt for the government to prioritise judicial reform during this year.

Though it is good to learn about the government’s intention that, by the legislature’s end, the reform will be addressed, given its holistic and broad purport, it will not be easy to implement the reform in a short span of time without allowing the judicial system to absorb the major revisions.

It is therefore of the utmost importance that it is implement gradually not all at one go. Also, as it is being implemented, an impact assessment should be carried out to see what needs to be readjusted. Fine tuning will always be needed when a massive reform is occurring.

Of course, the Chamber of Advocates’ position paper is welcome because it reignites the debate on judicial appointment and is a step in the right direction. But the intervention of both the government and the Opposition is needed to take on board the Bonello commission’s report a step further: enactment, more so since a number of clauses must be adopted by a two-thirds majority in the House and will require further thought, discussion and agreement.

Hence, the government and the Opposition need to get together and lead the way forward. The sooner this is done, the better. With the involvement of stakeholders, such as the judiciary and the Chamber of Advocates, the end result should be one deserving of a democratic State that puts at its heart the principles of the rule of rule, the independence of the judiciary and a speedier, procedurally leaner and more fair and efficient judicial system.

Kevin Aquilina is dean of the Faculty of Laws at the University of Malta.