Opposition justice spokesman Josè Herrera told Parliament on Monday that the Bill amending the Notarial Profession and Notarial Archives Act was the result of “bad apples” within the notarial profession and that the government had the moral and legal responsibility to be prepared for challenges.

Speaking during the Bill’s second reading, Dr Herrera said that certain notaries had only registered their clients’ contracts after having deposited the amounts in their own bank accounts and after having pocketed the interest.

The opposition was in favour of the Bill, which consisted of some 100 new provisions.

Having expressed his agreement on the need to obtain a doctorate degree in law for one to be able to qualify for the notarial warrant, Dr Herrera asked whether this was in collusion with the position of the University Senate where at present, one would qualify as a Notary Public after having completed four years of study.

While many believed that the profession of a Notary Public resembled other professions, legislation elevated him, as he was a public official. Nevertheless, contrary to other public officials, he was not a government employee.

Malta followed the continental system of law, in which the notary played a very important role. In Italy, a country which also adopted the continental system, the notary was as important as a magistrate. He was allocated a jurisdiction where no other notary would be able to publish acts of immovable property in that area. In other countries, this work was carried by solicitors.

Dr Herrera welcomed the decision to keep a registry with warranted notaries. One should revise the issue where it had become a custom that after having obtained university qualifications, the warrant exam became more of a formality. This contrasted with the Italian system, where several people, who obtained a degree in jurisprudence, failed their warrant exam.

Dr Herrera remained in possession.