Justice secretary handed a new headache for reform in justice and courts

The government will undertake an exercise to choose the best out of some 450 proposals by the commission on justice reform, which presented parliamentary secretary Owen Bonnici with its final report.

Headed by former European Court of Human Rights judge Giovanni Bonello, the Commission on the Holistic Reform of the Justice System presented its own opinion on what measures and proposals should be taken on board in order for the Maltese courts to better administer the law.

Bonnici described the commission's work as an important milestone in the justice reform.

DOWNLOAD Full report for the holistic reform of justice [Scribd]

It is expected that amendments to procedural measures will be of the first proposals to be implemented. "The priority will be those measures which helped in the fast-tracking of court cases," Bonnici said.

But proposals like those relating to the Commission for the Administration of Justice will not be implemented overnight: already having sparked outrage from the judiciary, the proposals will be discussed at government level and with stakeholders.

"Contrary to the impression that may have been given, I find a lot of cooperation from the judiciary. Indeed, it has a vociferous way in its delivery of message, but that is its role," Bonnici said.

Bonnici said it was very important that a balance between autonomy and responsibility had to be reached.  Bonnici said that individuals like parliamentary secretary Josè Herrera - formerly Labour's spokesman for justice - and former backbencher Franco Debono had worked hard to place the much-needed reform on the country's agenda.

Bonnici said it was worrying that only 45% of the Maltese trusted the court system, compared to Finland's 85%. "Now government must study and decide which measures to implement. Consultation with then stakeholders and the Opposition will be a crucial part of the implementation process," he said.

Bonnici pledged government's commitment that it would consult with the Opposition "from A to Z".

Some of the proposals would require amendments to the Constitution, others a change in law while others would need a change in practice or mentality, according to judge emeritus Giovanni Bonello. Handing the 'keys' to the parliamentary secretary, the former judge said the report was not about some "miraculous" measure which will solve problems immediately.

"Some measures are easy to implement, while others are quite hard. The problems afflicting the courts are complex and complex solutions are required," he said, adding that he hoped there wouldn't be a "principled" opposition against the report. "This report is aimed at rebuilding the citizen's trust in the courts and the fundamental concept is that the courts must function at their best."

The government, Bonnici said, will not stipulate a timeframe within the changes will come into force but will, ahead, announce how much each measure would cost.