The principal role of the State and its governing institutions is the protection and safety of its citizens. People must carry on with their lives feeling sheltered from those who are a threat to our well-being, property, and basic rights.
Notwithstanding the respect for the rule of law and other affairs of the State like the economy, health service, education, the State would fail its citizens if its institutions pertaining to law and order did not sustain effectively and efficiently this primary role, with a justice system that guarantees due process of law.
It is quite disturbing to frequently read on the shortcomings of the police force (Paceville, over-zealous officers, corruption investigations), the incompetence of our office of prosecution, and what seems to be a criminal penal code that leaves a lot to the discretion of the magistrate or judges.
It has come to a point that violent criminals are justified in committing hideous acts on the basis of verbal provocation – examples that come to mind are firing a shotgun or driving a car at someone after feeling insulted.
To add insult to injury, the office of the Attorney General has both roles of criminal prosecutor and representative of the Government.
Given these political and legal structures, one is not surprised by scientific studies that show Maltese believe corruption is a top concern – exacerbated by the lack of any successful investigation against a political figure in all these years since independence.
A government is accountable to the people, a principle usually manifested by means of a general election.
However the people cannot vote on any specific government act or programme but on the overall performance and electoral manifesto.
It’s the whole package. Specifics become a detail.
In order to surmount our grave problems with regard to law and order, the institution that governs it must be removed from the same government package, and given its due importance.
We need a public servant who is solely responsible for the Office of the Prosecution and Police Force, and has our mandate that is obtained by an election.
This is the only way we citizens have a direct channel of accountability, and a governing institution that is directly subject to us and our concerns.
The Government of the day can have a separate legal department to protect its interests on its behalf and that of the State.
In some states, especially in the US, the Attorney General is selected this way.
My idea for Malta is to have the President chosen by the people and not Parliament (ergo political parties), and in addition to his current duties, he also would also the office of law and order.
Given we have a special commission with a mandate to review our Constitution, this could be an opportunity to establish an independent and directly accountable institution that governs law and order, which inspires the State to be a true protector of its subjects.