The judiciary should declare their assets, says the Bonello Commission. Photo: Matthew Mirabelli

Judges and magistrates should have to declare their assets and stick to performance benchmarks, according to a reform commission’s proposals.

The recommendations are two of 293 made by the Justice Reform Commission headed by former European Court of Human Rights judge Giovanni Bonello.

The register of assets will be held by the Auditor General and kept confidential. But the judiciary will have to answer any queries the Auditor may have on the annual declarations.

If the Auditor suspects any wrongdoing he will have the right to report the matter to the police or a disciplinary commission for judges. It will be a disciplinary matter if the judiciary fails to register their assets or gives the wrong information.

As a deterrent, it is necessary to control the assets of the judiciary to ensure the bribery cases are not repeated

Making reference to the bribery cases of a Chief Justice and two judges in recent years, the Bonello Commission said the register was a tool to ensure members of the judiciary were not involved in “illicit activities”.

“As a deterrent, it is necessary to control the assets of the judiciary to ensure the bribery cases are not repeated,” It said.

To ensure more accountability, the commission proposed creating performance benchmarks for every member of the judiciary.

The benchmarks will be set by the Chief Justice and made known to a revamped Commission for the Administration of Justice – which will be known as the Commission for the Supervision of the Judicial Service.

The supervisory commission, tasked to oversee the administrative processes, will then ascertain that the targets are met.

The commission suggested that every three months the supervisory body will receive a report on the individual performance of members of the judiciary.

It will have the right to seek clarifications on performance and if the explanation is not satisfactory the case will be referred to a distinct commission responsible for enforcing discipline.

Performance benchmarks will make members of the judiciary more accountable, the Bonello Commission insisted.

The document is available online for consultation.

ksansone@timesofmalta.com

Call for an end to criminal libel

Newspapers would not face criminal libel claims. Photo: Matthew Mirabelli

Criminal libel should be removed but civil damages should increase, according to the Bonello Commission.

“Guided by the principle of freedom of expression,” the commission said criminal penalties for libel should be removed.

Although libel law is of a civil nature, wronged parties can also ask the police to prosecute criminally. Journalists face a potential jail term if found guilty of defamation under criminal law.

The commission wants this to change but is proposing that damages awarded by the civil court be set at a minimum of €1,000 and a maximum of €25,000.

The upper limit will be almost double the current cap.

Unemployment no excuse to stop supporting children

Child support maintenance should be automatically deducted from the parent’s wage, pension or unemployment benefit, the Bonello Commission is suggesting.

In a reform report that also dealt with the Family Court, the commission insisted unemployment was not an excuse to stop supporting a child.

The commission touched a raw nerve for many parents, who were entitled to receive child support maintenance from their spouse but had to constantly go to court to force payment.

The courts normally order the automatic deduction of maintenance from wages after the spouse defaults.

But the commission wants this to change. By automatically deducting maintenance at the start, expenses will be reduced and less time wasted in the filing of judicial applications, the commission added.

The lawyer should be present in all sittings to safeguard the children’s interest

In a bid to reduce hardship on the wronged spouse, the commission wants the court to impose penalties on the defaulting parent that also cover legal expenses incurred to file a judicial application. The commission said couples filing for separation should be offered a service to reconcile but this should not be given by mediators.

Reconciliation should be voluntary and undertaken before the mandatory mediation process starts,it said.

In a bid to reduce delays, the commission said mediators had no business scrutinising separation or divorce contracts reached amicably.

The children’s lawyer should not simply meet the minors once and draw up a report but “should be present in all sittings to safeguard the children’s interest.”

It also suggested a child psychologist and social worker ought to assist the family court judge.