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On 15Th February 2016, the Nationalist Opposition Presented A

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On 15Th February 2016, the Nationalist Opposition Presented A On 15th February 2016, the Nationalist Opposition presented a Private Motion regarding the nomination of the judiciary, almost 5 years after another Nationalist Deputy had placed on the parliamentary agenda the same subject concerning a Private Motion regarding major reform in justice and the interior presented on the 8th November 2011. Some days after the Opposition Motion, on the24th February 2016 the Labour government also presented a law draft regarding the nomination of the judiciary. Almost four years before, on the 12th July 2012, the Executive Committee of the PN decided that Franco Debono, [and other deputies], are not allowed to contest the following general election with the PN, due to the way he had voted in the vote of no confidence regarding the minister of justice some weeks before [1] while ironically at the same time, without having the slightest indication, of what was happening in the Dar Centrali [2], Debono was in Parliament explaining in detail the electoral propositions listed in his motion regarding Major Reforms in Justice and the Interior [3], which analysis one may say that it was reflected extensively in the Bonello Report planned two years later. In fact, one of the first decisions of the new administration after March 2013, was exactly to set up a Commission led by Judge Emeritus Vanni Bonello to effect an analysis and prescribe proposals in the justice domain, which domain had just seen, some months before the resignation of the minister responsible due to the difficult situation in the sector. The report which was concluded some months after, strengthened the analysis and proposals made by Debono in the preceding Legislature and reflected what Debono had spoken about repeatedly during five years in Parliament and which finds their culmination in the private Motion regardiong Main Reforms in Justice and the Interior presented in Parliament on 8 November 2011. [1] ‘Zammit Dimech says that government could have avoided the minister’s resignation – Foreign and European Affairs Committee Chairman Frncis Zammit Dimech says that the motion could have been sooner and chaos avoided’, Malta Today, 2nd June 2012- ‘ In an interview with Sunday newspaper Illum, Nationalist MP Francis Zammit Dimech says that Minister Carm Mifsud Bonnici’s resignation could have been avoided. ‘I believe it would have been a completely different story had Franco Debono’s motion been put forward for discussion in Parliament prior to the motion submitted by the Opposition,’ Zammit Dimech says.’ [2] Franco Debono, ‘Party Democratic Credentials’, Times of Malta 30th June 2012, - ‘Ironically, the PN executive committee’s decision in my regard behind my back without the issue even being on the agenda of the latest executive meeting, came when I was speaking in Parliament about the Reforms former Minister Carm Mifsud Bonnici should have implemented but did not. I was rounding up a thre-and-a-half hour long speech in Parliament outlining my Private members’ Motion vision for justice and home affairs consisting in more than 20 major areas of reform.’ [3] Private Members’ Motion – Mozzjoni 260 – Mozzjoni Dwar il-Qasam tal-Gustizzja – Mozzjoni tal-Onor Franco Debono-Parlament ta’ malta – Il-hdax il-parlament-Seduta Numru-189-12 ta’ Gunju 2012. 2 Proposti Dr Franco Debono Proposti Kummissjoni Bonello While noting the great progress made these There is no equivalent last ten years in the Police Corps, I suggest the resolution of outstanding matters regarding the police union as well as the payment of arrears due to the overtime of the police corps which should always be motivated and energetic. 1. The separation between the investigative functions 17-measures from 286 to 302 And those of prosecution in the Police Corps. 2. Tools of forensic apparatus, including DNA apparatus In a larger context of a strong forensic laboratory, [which today is almost inexistent] which is fundamental For police work; 3. The separation between the enquiring and judgement One measure, i.e. 53 of magistrates, for the creation of a pool of magistrates specialising and concentrating full time on enquiries; 4. Revision of the procedure of eligibility and the appointment 23 measures i.e. 303 to 335 [in the of experts and introduction and production of ex parte experts Report the mistake 335 must be 325] 5. The right of the lawyer during interrogation regarding One measure no. 449 recent decisions of the European Court, as well as the rule of disclosure, and other ancillary matters. 6. Revision and definition of certain powers of the Attorney 3 measures i.e. 46 to 148. General, as well as the duty to give reasons for his decisions In certain circumstances; 7. Radical reform in criminal procedures, including presented 47 measures i.e. 140 to 164 and 381 to and deferred cases; 400. 8. Revision and reform of the Office of the Legal Aid Lawyer 87 measures from 170 to 257. so it is assured that those who have no means, hireing a private lawyer have the constitutional right to the safeguard of an adequate defence; 9. Family Court reform, with an analysis of the part-time mediator 20 measures, i.e. 265 to 285 Which may have to be reviewed. 10. Revision of the no. of years and experience required for the 40 measures i.e. from 13 to 32. appointment of the judiciary, as well as the whole procedure including the method of selection of judges, retiring age, as well as the judiciary’s conditions of work; 11. Close examination of the consequences of the result of the latest First 20 measures of report. Impeachment procedure, the efficacity of this mechanism and the Commission for the Administration of Justice as presently existing, as an important constitutional check and balance, and whether reform is needed. 12. The immediate introduction of the Act regarding Remedial Justice 13 measures from 418 to 424. Which strengthens the victim’s rights, a well as extensive reforms in various aspects of the Corradino Correctional Facilities. 3. 13. The setting up of a drug court, about which discussions have been Various propositions including Held for a very long time. Measure 391. 14. Concrete steps must be taken so that the document issued by the There is no equivalent Chamber of Advocates ‘Regulating the legal profession in the 21st Century’, which should regulate the legal profession, is discussed, Analysed and implemented by a law; 15. Consideration regarding whether the time has come where certain There is no equivalent Questions [concerning criminality and not national security] by the Security Services are removed from the political authority of the Minister and pass on to investigative or judicial authorities; 16. The criminal libel should be removed, as well as the revision of the There is no equivalent the maximum amount of damages that a condemned person is made to pay when found guilty of libel in order to reflect the harm caused by him/her, considering the means of communication includ- ing the internet, and the cases of libel should be heard by the Superior Courts presided by a Judge; 17. There should be a revision of entry requirements that are too soft There is no equivalent for the law course, so as there is a safeguard of the level and professional legal prestige; 18. There should be a radical revision of the justice system regarding There is no equivalent Minors; 19. The Courts of Justice library must be strengthened. One measure i.e. 429 that is equivalent. 20. There must be a consolidation of the Parliamentary Committee There is no Equivalent For the Codification and Consolidation of Laws and the Law Comm- ission so that our country’s laws continue to be adjourned, recodif- ied and consolidated. 21. The developing situation must be closely examined, including the 13 measures from 364 to 376 Small Claims Tribunal, various tribunals, mediations and arbitrage where, in a small country, a substantial amount of disputes are determined by persons who are not judges in terms of the Cons- titution, but part-time judges, and particularly the consequences of a recent constitutional sentence regarding forced arbitration; 22. There must be an establishment of a third level of revision in the 6 measures i.e. 259-264 Form of a supreme court, or on the model of the ‘cassazione’ in Italy, or another equivalent structure; 23. As the jury system is good, there must be an analysis of how it There is no equivalent can be strengthened and refined. 4 The Bonello Report served not only to built and refine further, while confirming and strengthening the validity of the suggestions made by Debono in Parliament but also, as it contained hundreds of recommendations, it was a clear demonstration of an extensive reform required by the justice domain. If any doubt remained that the justice and interior sector required extensive reforms and was in a state of lethargy [at a moment when due to this, a Justice Minister was declared untrustworthy in Parliament] the Bonello Report completely removed this doubt. On the other hand, while the Bonello Report was commissioned by the government of the day, the reform promoted by Debono was part of it, which party, a few months later effectively welcomed the same proposals. Apart from this the Bonello commission consisted of four expert persons in the legal domain while the Debono reforms were made by him as a backbencher, with the limited means of a backbencher. Besides, the persistent appeals of Debono in Parliament regarding the system of justice in our country and the need for urgent reforms, were even confirmed by the European Commission of April 2013. ‘The EU’s Justice Scoreboar ranks member states according to the length of time it takes for non-criminal court cases to be resolved.
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