Last week we wrote history together in what was the greatest constitutional reform in 30 years. The government was elected on the pledge of strengthening the Commission for the Administration of Justice and reforming the appointment, systems of accountability and conditions of employment of the judiciary within a holistic justice reform. We delivered on our promise.

Transparency and accountability are key in ensuring a flourishing democratic society. They become even more crucial in the context of the judicial sector in order to uphold the rule of law. Truly, last week we performed open-heart surgery on the essence of our democracy. Malta is stronger now and our democracy healthier. I take the opportunity to thank the Opposition and its justice spokesman Jason Azzopardi for his co-operation, enthusiasm and dedication to make this historical change a reality.

The constitutional reform package is based on three tiers: transparency and impartiality in appointing members of the judiciary; accountability; and good working conditions for the judiciary. In fact, there will be formed a sub-committee of the commission composed of five key and independent people, four of whom occupy a constitutional position together with the President of the Chamber of Advocates. This committee will evaluate all expressions of interest submitted by any lawyer interested in forming part of the judiciary. It will then advise on the suitability and merit of the applicant.

Although the government can decide to discard that advice, it has to provide reasons for doing so. This system is well-thought out and a legal beauty in itself: it will result in more checks and balances and separation between the powers of the executive and the judiciary, crucial in a democratic society.

It is a breath of fresh air in a judicial system that has been stagnant for 30 years without any sustainable reform

The change in the system of appointments is a great step forward in ensuring a fairer and more transparent system. Yet this is only one aspect of the holistic reform that is going on in the justice sector. Of equal importance is the issue of accountability: “A judiciary that claims independence but which refuses to be accountable to society will not enjoy the trust of society and will not achieve the independence for which it strives” (ENCJ Report 2014-2015, p.11).

Indeed, the justice system has a number of safeguards that ensure the accountability of our judiciary. For example, the Code of Ethics, drawn up by the commission and publicly available online, outlines the standards of ethical behaviour and values by which the judiciary should adhere. The justice system also ensures an objective mechanism for case allocation, as well as structural safeguards for the refusal and withdrawal of the judiciary from cases in which there might be a conflict of interest.

While such structural safeguards are important to define the boundaries of ethical behaviour among the judiciary, the interface between an independent and accountable judicial body, and the trust earned by the citizens, lies within the realm of efficient and transparent performance.

In this sector, results speak for themselves. Between 2012 and 2015, the Civil Courts not only improved their clearance rate from 99 per cent to 112 per cent but also reduced the overall length of proceedings, as well as the number of pending cases by 11 per cent. This effort is being sustained in 2016, and for the first time, in these past 16 years, the number of pending cases fell below the 10,000 threshold.

The situation in the Criminal Courts is more challenging, the reason being that the annual incoming caseload before the Criminal Courts is three times bigger than that before the Civil Courts. Nevertheless, results are encouraging. So far this year, we have seen an improvement in the clearance rate of the Criminal Courts when compared to last year, a reduction in the length of proceedings and a drop in the number of pending cases. The ministry is committed to further helping and supporting the judiciary in improving its performance, as these are the results that most contribute towards a renewed and well-deserved faith in the justice system.

As a further enhancement to the accountability of the system, this Bill proposes a disciplinary committee composed of judges and magistrates elected by their peers who can take any disciplinary proceedings against any judge or magistrate where there is a breach of the Code of Ethics. Any clear accusations can be brought forward before this committee by the Minister of Justice or by the Chief Justice.

This committee can impose several sanctions on the judge or magistrate, depending on the gravity of the breach. The sanctions range from a warning or a fine totalling 10 per cent of the yearly salary to a removal from office. However, there is also a balance granting certain rights to the members of the judiciary, such as the right to appeal and for the disciplinary proceedings to be closed within a year to ensure fair proceedings.

Another important element which the Bill introduces is adequate working conditions for the judiciary. This provides for an adequate pension scheme that will ensure that lawyers in possession of great legal knowledge and experience are not discouraged from becoming part of the judiciary.

This reform was welcomed unanimously by Parliament. It is a breath of fresh air in a judicial system that has been stagnant for 30 years without any sustainable reform. The reform now bestows upon the justice system the respect and dignity it deserves while ensuring more transparency and accountability. These are the elements that nurture the trust of the Maltese public in the judiciary. The holistic justice reform, championed by this administration, will continue to achieve an unparalleled level of service provision to the judiciary and alike.

We kept our word. Change is happening and the good news is that there is more to come.

owen.bonnici@gov.mt

Owen Bonnici is Minister for Justice, Culture and Local Government.