Parliament starts discussing electronic tagging Bill

Parliament on Monday started discussing a Bill which would introduce electronic tagging for people convicted of certain offences.

Home Affairs Minister Byron Camilleri said courts will be authorised to impose electronic tagging on individuals facing prison terms of up to one year, as well as in cases involving restraining orders or temporary protection orders.

Electronic tagging will not be permitted for offences carrying a penalty of two or more years.

The system also cannot be used in cases of domestic violence, gender-based violence, family maintenance disputes, child access issues, or child abuse. But tagging may be ordered in domestic violence cases where a temporary protection order is issued. In such instances, victims may choose to wear an electronic tag, which would trigger an alarm if the aggressor approaches.

Camilleri described the measure as an additional layer of protection for society, particularly for victims who fear encounters with their aggressors. He warned, however, that it is not a flawless system.

The minister insisted the Bill does not cover people who are out on Bail, but did not rule out introducing it for such cases in the future.

The minister explained that in addition to court orders, electronic monitoring could also be implemented by prison authorities for individuals on prison leave and by the Parole Board for those granted parole.

Responsibility for managing the system’s operational aspects would fall to LESA, the minister told the House.

Opposition Home Affairs spokesperson Darren Carabott expressed support for the proposed legislation but criticised the delay in its introduction, noting it had been announced five years ago. He argued that had the government acted sooner, victims could have benefited from this additional layer of protection much earlier.

He insisted the welfare of victims should remain a top priority in the introduction of this law, stating that any measure aimed at improving their safety warranted backing.

He also highlighted the law’s potential to support the rehabilitation of individuals convicted of minor offences who might otherwise face imprisonment. Carabott pointed out that Malta’s prison system struggles with effectiveness and has a notably high recidivism rate.

Citing international studies, Carabott noted that electronic monitoring is often a cost-effective alternative to incarceration, offering a more economical approach to managing offenders.