Franco Debono in new swipe at Gonzi, presents motion on justice to House
UPDATED | In what could be described as a new swipe at Prime Minister Lawrence Gonzi, Nationalist backbencher Franco Debono has presented a private members’ motion that calls for urgent reforms in the justice system and the police.
Franco Debono - who last Friday abstained from voting with government against a no confidence motion in transport minister Austin Gatt - stayed away from yesterday’s parliamentary group meeting, but hit back through the media over a series of statements made over his ‘behaviour’ by Gonzi and the former President, Prime Minister and PN leader Eddie Fenech Adami.
Contacted this morning, Franco Debono has confirmed his intention to vote with government in tonight’s confidence vote that has been called by Prime Minister Lawrence Gonzi, however he launched a new offensive for his government to implement changes to the justice system and the police.
This morning, Franco Debono presented a private members’ motion to Speaker Michael Frendo, calling on the House of Representatives to implement the changes needed for the justice system to be effective and reflective of modern times.
The motion stops short of calling on the Prime Minister to separate the justice ministry from home affairs as is the current portfolio of minister Carm Mifsud Bonnici.
He hints by saying that in 24 out of 27 EU member states these ministries are separate, and states that as things are in Malta, both justice and home affairs are in dire need of urgent reforms.
According to Debono, these reforms are needed as they impinge upon fundamental human rights.
Through his motion, Franco Debono is calling on the House to debate and decide on the measures to be taken to address the issues.
The motion contains a series of points which Franco Debono has been challenging the Prime Minister for implementation, and his long time criticism of minister Carm Mifsud Bonnici.
Indirectly, it calls on the House to take the decisions which have been awaiting decisions and implementation over the years.
1. Franco Debono calls for a closure to the pending issues related to payment of overtime arrears to the police, and the institution of a police union.
2. The separation of investigative and prosecution roles within the police force.
3. The acquisition of DNA apparatus to strengthen the police forensic laboratory.
4. The setting up of a full-time investigative ‘Magistrates pool’ that would focus on inquiries.
5. Revise the procedures for eligibility and appointment of court experts.
6. The right for suspects to consult and be assisted by a lawyer prior to and during police interrogations.
7. Radical changes to the criminal justice system, including arraignments and reviews.
8. Revision and reform to the system that provides Legal Aid, ensuring that beneficiaries are entitlement.
9. Revision and redefinition of powers entrusted to the Attorney General, and his discretion in deciding ‘certain matters.’
10. Reforming the Family Court, where mediation through part-time mediators be analysed or revised.
11. Revision of experience that qualifies lawyers to the judiciary, together with a review on their selection, retirement age, and working conditions.
12. Review the efficiency in procedure to impeach a member of the judiciary, and the composition and role of the Commission for the Administration of Justice as the Constutional watchdog.
13. To implement Reparative Justice without delay, where victims’ rights are also strengthened, while also extensively reforming various aspects of the Corradino Prisons operations.
14. The establishment of a Drug Court.
15. Decisive steps to be taken with regards to the Chamber of Lawyers’ document ‘Regulating the Legal Profession in the 21st Century’
16. To consider whether it is time to remove the minister’s authority to approve a warrant for tapping phones in cases of crime and not national security.
17. The removal of criminal libel and a revision of the maximum damages to be paid, and be heard by a Judge i a superior court.
18. Revise the entry requirements to law students at university.
19. Radical reform to the juvenile court system.
20. To strengthen the Courts Library.
21. To consolidate the parliamentary commission for the codification of laws and the Law Commission.
22. To examine the ‘developing situation’ within the Small Claims Tribunal, other tribunals, mediations, and arbitration fora.