Reform of the justice system would not happen at one go but through a “piecemeal” approach though half the exercise had already been done, a government spokeswoman said.
“The government has engaged in a widespread consultation process which showed that a steady piecemeal implementation of the reform was more beneficial than a big-bang approach. This gives the system a chance to absorb the changes in a smooth and more expedite manner and for the practitioners to be on board throughout the whole process,” the spokeswoman for the Ministry of Justice said.
The proposed measures to reform justice, as had been promised by the Labour Party before the last election, are contained in a 355-page Better Administration of Justice Bill.
This, the spokeswoman said, would be a comprehensive law encompassing all the measures, including those done through changes to other laws and through legal notices.
Justice Minister Owen Bonnici told the Times of Malta last March the Bill was being reviewed by Cabinet and would be presented to Parliament in “the coming months”. He had said although the Cabinet review was originally expected to last well into 2016, the exercise had approached completion.
Asked why, 10 months later, the debate on the draft law had not yet started in the House, the spokeswoman said half the reform had already been implemented through the staggered approach.
Half way through, all the work done is giving concrete results, which are there for everyone to see
“Half way through, all the work done is giving concrete results, which are there for everyone to see and there has been improvement across the board. We still have a long way to go and we are committed to delivering,” she said.
Giving examples of reform measures already implemented, the spokeswoman mentioned last year’s drug reform, the implementation of a Court Attorney system and new procedural rights to victims of crime.
She would not say by when would the whole reform process be over. She did say, however, that “during 2016, the government will keep implementing more and more parts of the justice reform including new measures relating to insolvency, mediation and institutional changes”.
A number of legal ammendments within the reform package should be adopted when the House reconvenes on Monday after the Christmas recess, the spokeswoman said.
Penned by the dean of the Faculty of Laws, Kevin Aquilina, the Bill is based on the 450-point document drafted by retired European Court of Human Rights judge Giovanni Bonello back in 2014.
Some of the toughest legislative hurdles are expected to come in the form of institutional reforms such as the way judges and magistrates are appointed and how they become answerable to the Commission for the Administration of Justice.
These changes are particularly tricky as they will require a number of constitutional changes, which will need a two-thirds majority to pass through the House, meaning the support of the Opposition would be required.