The Ministry for Social Dialogue, Consumer Affairs and Civil Liberties is contesting the way the story entitled ‘AG told police that burqa is not illegal’ (October 15) was reported as it does not reflect the answers provided by this ministry.
In the opening statement, the article states: “Police circulars show there is legal clarity on the wearing of the burqa or niqab in public areas, contradicting statements by Equality Minister Helena Dalli.” In fact, the law was only unclear to the previous government, which had asked the Attorney General to give his interpretation of it.
As stated in the ministry’s reply: “Malta’s Criminal Code, in article 338(n)b, states that a person who, in any public place, wears any mask, or disguises himself, except at the time and in the manner allowed by the law is guilty of a contravention against public order.
“However, in February 2013, a circular was issued within the police force saying the contravention should not be enforced. The statement given in Parliament by the Ministry of Home Affairs and National Security is in line with the circular issued by the previous administration.
“Minister Dalli is proposing that the directive/circular is reversed. The Prime Minister also commissioned the same minister and Minister Owen Bonnici to look into best practices and propose a coherent policy.”
It is therefore evident that Minister Dalli never claimed that the Office of the Attorney General did not give a clear opinion to the police. The opinion given was so clear no one was arraigned.
What she claimed was that the law gave rise to differing legal interpretations on whether the act in question was covered by the Criminal Code.
Circular GHQ 51/2014, that was mentioned in the article, was merely an administrative procedure affirming circular GHQ 13/13 issued by the Assistant Commissioner of Police and in which the government was not involved.
Editorial note: The article did not say the minister claimed the Attorney General did not give a clear opinion to the police. What the article said was that the Attorney General advised that wearing the burqa is not illegal.