A proposal for judges and magistrates to declare their assets was not among changes affecting the judiciary just approved by Parliament because the Justice Reform Commission had dropped it amid objections, the Times of Malta was told.
Although the judiciary did not oppose the proposal outright, judges and magistrates had made it clear they would only accept if it applied to senior officers in the public sector, such as directors general, directors and chairmen of public entities, sources close to the Justice Ministry said.
In principle, there is agreement on such a register
“That made the proposal difficult to fly and it was finally dropped,” the sources added.
Unlike top civil servants and board chairmen, members of the judiciary are appointed by the President on the recommendation of the Justice Minster. They cannot be removed from office if not through an impeachment motion approved by two-thirds of the members of Parliament. No members of the judiciary were ever impeached.
The proposal had been made in 2013 by the justice reform commission chaired by Giovanni Bonello, a former judge of the European Court of Human Rights, and was aimed at boosting transparency and accountability and to avoid potential conflicts of interest.
It had been suggested that a confidential register of assets would be held by the Auditor General who would have been empowered to seek further information from the members of the judiciary as he deemed fit.
According to the proposal, if the Auditor General suspected any wrongdoing he would have the right to report the matter to the police or a disciplinary commission for judges.
Although the proposal for the judiciary to declare their assets was among 293 recommendations originally made by the Bonello Commission, it did not appear in the final submissions.
When contacted about the matter, the Chief Justice said the judiciary wanted a wider declaration of assets. “In principle, there is agreement on such a register, as long as this applies not only to the judiciary but also to every public officer occupying in a high grade,” Chief Justice Silvio Camilleri said.
“There should, of course, be serious and effective guarantees which scrupulously safeguard confidentiality and that the register not be available to the public or the press but only to a constitutional organ, such as the Commission for the Administration of Justice with regard to the judiciary.
“There should also be safeguards with regard to the interests of the spouses of the members of the judiciary since the register could also contain information on the community of acquests,” he added.
The Chief Justice was also asked about what this newspaper reported earlier this week that two sitting magistrates were still officially registered as being company secretaries, which their code of ethics does not allow.
“The magistrates in question immediately provided me with their explanation and clarification even before I asked for them,” he said, indicating that the matter would now be dealt with by the Commission for the Administration of Justice.
ivan.camilleri@timesofmalta.com