‘Political’ appointments of judiciary must be screened by committee – MP

Labour MP José Herrera made no bones about the quality of decisions by the Maltese courts that could be influenced by the political allegiances of magistrates appointed by the executive.

The lawyer's press conference on justice minister Chris Said's young administration did not fail to raise questions over certain appointments of magistrates, whom Herrera said may not have sufficient experience or even knowledge of the law, to merit their appointment.

"It's truly a 'gift', that a minister must have, to appoint magistrates. But these appointments must be based on experience as well. Additionally, magistrates must be eventually held accountable according to their performance," Herrera said.

The MP was candid about the perception in the Maltese courts that magistrates, who are appointed by the executive, tend to hail from a friendly political stable. "It's not just a perception, but it is true that there are ulterior motives for certain appointments."

Herrera, whose sister is Magistrate Consuelo Scerri-Herrera, has proposed that judicial committees composed of the judiciary, the Attorney General's office, and members of the bar, screen the recommendation of a magistrate appointed by the justice minister.

The MP pointed out that the idea is not part of Labour policy on justice.

"I believe the Scots model of having judicial committees screening the minister's choice before a formal appointment can go a long way to have a well-rounded opinion on the quality of the magistrate.

"I would not overhaul our tradition of having the executive appoint the magistrate: political accountability there falls on the minister. But committees scrutinising the minister's choice would decide whether it is a suitable appointment or not."