A Bill which changes the way members of the judiciary are nominated and introduces new disciplinary measures which may be taken against magistrates and judges, was unanimously approved on second reading by Parliament this evening. 

The measures on discipline, which amend the Constitution, needed the support of at least two-thirds of the members of the House.

The Bill provides for the appointment of an Evaluation Commission which will discuss nominations to the judiciary and make its recommendations to the government.

Should the government reject a recommendation by the commission and proceed with its own nomination, it would need to publicly explain its reasons.

The commission will be composed of the Chief Justice, the Attorney General, the President of the Chamber of Advocates, the Auditor-General and the Ombudsman..

DISCIPLINARY PROCEEDINGS

The bill also provides for the appointment of a sub-committee of the Council for the Administration of Justice to enforce discipline on the members of the judiciary.

To date, the Council had only had the authority to recommend impeachment of a judge or magistrate.

The new sub-committee may, when cases are not such as to warrant impeachment, issue a warning or impose a pecuniary penalty of up to 10 per cent of one's salary.

In more serious cases, it may recommend suspension of a judge or magistrate from the exercise of his duties for not more than six months on half of his salary and allowances. Impeachment by parliament will remain the ultimate punishment. The sub-committee will be composed of serving judges and magistrates.

The Bill, which also includes improvements to the pensions of retired judges and magistrates, was piloted by Justice Minister Owen Bonnici who had talks about it with shadow minister Jason Azzopardi. 

"The enactment of this law will mean greater transparency and meritocracy in the appointment of the members of the judiciary," Dr Bonnici said in his winding up speech.

Describing the bill as historic, he said it would also introduce disciplinary measures which filled the lacunae which existed with regard to cases which were not serious enough to merit impeachment. Importantly, he said, judges would be judged by their peers. 

He praised the judiciary for having itself suggested the new disciplinary measures.

He said the new measures to improve the pensions of retired judges and magistrates would help attract the best members to serve.

He said the government had retained the authority to ultimately nominate judges and magistrates because it was answerable to the people. However all nominees would now need to be scrutinised by the sub-committee which did not include politicians.

The government would retain the discretion to appoint the chief justice without reference to the evaluating committee, on which the chief justice sat. This was agreed with the opposition.

Shadow justice minister Jason Azzopardi said approval of this bill was 'history in the making' and he welcomed the agreement reached by both sides.

He thanked all involved including the minister, saying that this was an example of how, when there was mutual respect, serious difficulties were overcome.