Updated 1.35pm with government reply

The Opposition has filed a motion to amend a legal notice connected with the electronic revocation of garnishee orders and power of attorneys.

The move comes after the Malta IT Law Association warned that the legal notice recently launched by Justice Minister Owen Bonnici to allow holders or subjects of a power of attorney to cancel it online could breach Malta's electronic commerce laws.

The legal notice allows holders and subjects of a power of attorney to cancel it by filling in an online form against a €50 fee. The forms will then be processed by the chief notary within 24 hours and afterwards published on an online registry.

But concerns have been raised it might create an anomaly where third parties could attack the legal validity of revocations of power of attorneys filed electronically, irrespective of the provisions introduced by the regulations.

In a statement, the PN said it was only calling for an amendment to the legal notice and not its revocation because it deemed it positive.

"The Opposition took this step in the interest of the public to ensure it is not exposed to any unnecessary harm."

In a reply, the government accused the Opposition of try to sow doubt in everything, including a procedure which had been positively received. 

Until recently, the complicated procedure used to cost €2,000, putting many people off from what is essentially their right, the Justice Ministry said.  

"This procedure is the result of wide consultation with various stakeholders... After years of inactivity in a legal sector, the government is reforming the justice sector in the best interest of citizens."

 

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