Prime Minister Robert Abela has said that, “the Government with the Venice Commission, had concluded positively the first tranche of reforms,” which will be tabled in parliament immediately.

During a press conference at the Auberge de Castille, the Prime Minister announced that the Government measures, “had been subject to a process of consultation.”

He said that “this process had the full commitment of the Government, which evaluated and consulted, and resulted, ultimately, in favourable approval by the Venice Commission.”

The Prime Minister added that “these proposals will be tabled in Parliament immediately so that the needed reforms to strengthen the rule of law, institutions and the betterment of Malta’s reputation abroad, can take place.”

Dr Abela said that he would be monitoring the process to its conclusion, adding that legal drafts were being finalised.

“Soon after the tabling of the legal drafts, they would be made available publicly. This reform would not remain as just ink on paper,” said the Prime Minister.

With reference to the allegations that appeared on Friday, ” that 17 Black made a strong profit from the purchase of a wind farm by Enemalta in Montenegro,” the Prime Minister, Robert Abela, said that “these allegations should be investigated, if investigations had yet to be commenced, and these investigations should leave no stone unturned.”

Dr Abela stressed that the Police had “all the necessary resources in hand, but should they require more resources, these would be given to them.”

“If the investigations find that anyone had done something criminal, these persons should be brought to justice,” said the Prime Minister.

Minister for Justice, Equality and Governance, Edward Zammit Lewis, said that these reforms being tabled “were as important as those in 1974 when Malta became a Republic, and as those in 1987 when constitutional amendments were made.”

He explained that the reforms will be as follows:

President of Malta:

“The Government is committed to proposing that the President be elected and removed by a qualified majority of two thirds of the House of Representatives. A staggered anti-deadlock mechanism is also being proposed.

Appointment of the Judiciary:

The composition of the Judicial Appointments Committee (JAC) is being revised with more than half of its members being members of the judiciary. The system of a rolling public call for judicial vacancies will be supplemented with a public call for individual vacancies.

The Government is proposing that the evaluation criteria – which is already public – will be enshrined in the Constitution. The proposals introduce a referral of the three most suitable candidates directly to the President of the Republic who will choose judges and magistrates from the names referred to him.

The names of the three qualified candidates will also be made public. This system will eliminate the possibility of having candidates appointed directly by the Government or the Government vetoing a candidate.

Appointment of Chief Justice:

The Government is proposing that the appointment should take place through the support of two-thirds of members of Parliament. A staggered anti-deadlock mechanism will be proposed.

Judicial discipline and removal: Judicial discipline, including removal, will be the prerogative of the Commission for the Administration of Justice (CAJ). As in the case of the JAC, the Government is proposing the removal of the Attorney General and the State Advocate from the CAJ. There will be no role for Government in the CAJ. A majority of the members of the CAJ shall be members of the judiciary.

Prosecution:

The Attorney General (Director of Public Prosecutors) is now separate from the State Advocate. The DPP will take over prosecutions of those offences that carry a punishment of more than two years (including corruption related offences), while the police will remain responsible for investigative work.

Amendments will be proposed to provide for the possibility of judicial review of a decision by the Public Prosecutor not to prosecute.

The Permanent Commission Against Corruption, the Ombudsman, the Commissioner for Standards in Public Life and the Auditor General will be given the status of an injured party at law.

Permanent Commission Against Corruption (PCAC):

Legal amendments are being proposed, including to ensure that reports which contain a find of corrupt conduct, or are indicative in the opinion of the PCAC, be transmitted directly to the public prosecutor.

The Ombudsman:

Legal amendments will be proposed on the appointment, removal and suspension of the Ombudsman in the Constitution. The proposed amendments provide for the mandatory obligation for Parliament to debate the annual report of the Ombudsman.

Appointments to independent commissions: Powers to appoint high-ranking officials will shift from the Prime Minister to the Cabinet of Ministers. The Government is committed to shifting the powers of appointment for additional independent commissions from the Prime Minister to the Cabinet in the framework of the Constitutional Convention.

Permanent Secretaries:

Legal amendments are being proposed in order to ensure that the Public Service Commission, which is an independent constitutional body, will make recommendations to the President of the Republic directly for the appointment of Permanent Secretaries and after giving due consideration of recommendation that the Principal Permanent Secretary. The appointment of the Principal Permanent Secretary shall be made by the President.

Persons and positions of trust:

Legal amendments will be proposed to establish clear legal basis for the appointment of persons of trust. These will limit engagement of consultants to Ministers or Parliamentary Secretaries, staff in the Secretariats of Ministers or Parliamentary Secretaries.”

Minister Edward Zammit Lewis concluded by reiterating that the new method by which the Commissioner of Police is selected has also been approved by the Venice Commission.

Photo: DOI/Clifton Fenech

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