The Justice Minister is insisting that a new agreement regulating the salaries and perks of members of the judiciary should not be published as it “will have substantial adverse effects on the conduct of negotiations by or on behalf of the government or another public authority”.
Fearing additional demands by other categories of public officers or their unions, Justice Minister Owen Bonnici declined a request by Times of Malta to publish the agreement reached with the judiciary.
Last July, Times of Malta reported that following years of negotiations, the government had agreed to increase substantially the financial package of those serving on the bench.
The report had quoted court sources saying that while judges were to start receiving over €100,000 by the end of the three-year agreement, magistrates also got a significant boost in their take-home pay, which should reach some €90,000 gross by 2021.
The Justice Ministry did not give any details on the content of the agreement, but issued a press release later confirming that it had reached an agreement with the Association of Judges and Magistrates.
Asked for a copy of the agreement, the ministry refused to entertain the request.
In the legal profession high-flyers are not enticed by judicial positions
Stating that it would not adhere to the Freedom of Information request, the ministry said that “this would prejudice the interest protected by the law as those interests are not outweighed by a contrary public interest”.
“The agreement is not being disclosed through this Act in view of Article 38 (d) which states that the document’s disclosure would, or could reasonably be expected to have a substantial adverse effect on the conduct of negotiations (including commercial or industrial relations) by or on behalf of the government or another public authority.”
At the same time the Justice Ministry said that according to a legal notice publicly available, the basic pay of the chief justice stood at €63,815 in 2018, €56,874 for a judge while a magistrate is receiving €50,156 as his basic pay.
Times of Malta is informed that the agreement includes a number of perks and allowances which substantially boost the final package given to members of the bench.
It has asked the Data Protection Commissioner to investigate the ministry’s refusal according to law and provide a remedy.
The judiciary is the only one of Malta’s three pillars of democracy which has its financial remuneration, or part of it, kept under wraps.
Details on the financial packages given to members of the other two pillars, the legislative (Parliament) and the executive (ministers and parliamentary secretaries) are publicly available.
Seasoned lawyers and court functionaries had welcomed the changes made to the salaries and allowances of members of the bench as this was deserved and helped attract the best minds to the judiciary.
It is common knowledge among the legal profession that high-flyers are not enticed by judicial positions, as they come with a significant financial loss for their families.