Labour government to press ahead with judiciary reform

Labour leader Joseph Muscat says a new government would carry out a judiciary reform, including the Commission for the Administration of Justice.

Joseph Muscat
Joseph Muscat

A new Labour government will carry out a judiciary reform and appoint experienced persons to a commission responsible for proposing reforms and changes, Labour leader Joseph Muscat said.

Speaking in Valletta on Wednesday morning, Muscat said the reform's main aim is to include "checks and balances from the appointment to the accountability of judiciary members."

The Labour leader explained that he has already identified persons that would form part of the reviewing commission. Although he refused to name these identified persons, he reassured that they will be "'super partes' and have the necessary moral authority."

Turning his sights on the Commission for the Administration of Justice, Muscat pointed out that to date the commission can only warn or propose impeachments of judiciary members.

"In our opinion this is not enough. The minister of justice will have to ensure that the reform is carried out by end of this year. Admittedly it is an ambitious timeline but we cannot procrastinate any longer. The two recent cases involving judges were very serious but gave an impression that politicians were dormant over what happened," Muscat said.

One of Labour's novel proposals is the introduction of a direct line of communication between the courts and the public, which will be informed over cancelled sittings and other details through SMS or email.

Muscat reiterated Labour's proposal to remove prescription on cases of political corruption and introduce with no further delay the whistleblower's act, which Muscat explained, "will be radically different from the proposed act."

The first change, Muscat said, will be that the legislation will apply to cases prior to its enactment irrespective of when and under which administration the deed happened.

Highlighting the importance of enacting a Whistleblower's Act, Muscat referred to Frank Portelli - the director of St Philip's Hospital - who in August 2009 claimed he would be willing to reveal Enemalta officials he believed were on the take, only if whistleblowers' legislation were in force.

"Frank Portelli is a gentleman and we expect him to come forward and identify these persons one the legislation is enacted," Muscat said.

The second change would be that persons who feel that they could be incriminated on the case they would report would receive protection, Muscat added.

"Our message is that the system is there for the people and not the other way round."

He also said that a new Labour government would increase - if there'd be the need - the minimum sentences for corruption cases involving the judiciary, insisting that Labour has absolutely no problem in saying they should increase.

On increasing allowances for members of the judiciary, Muscat said the Nationalist government "had no moral authority to raise the issue and discuss it because the PN administration gave itself a wage rise. We disagreed with the reform because it should be discussed further."

However, Muscat said Labour agreed with a number of other reforms such as the one increasing the retirement age for members of judiciary.

Judiciary appointments will no longer be decided by the government and Parliament will be involved in the process to ensure that the checks and balances are in place, Muscat said.

The Opposition leader said a new Labour government would be open to suggestions however one thing was certain, "the current system must be changed."

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