Debono hails ‘most fundamental reform in justice’

The Parliamentary Re-codification and Consolidation of Laws Committee, chaired by Debono, today discussed proposals about the role of the Law Commissioner, reforms at the Gozo court and the Administrative Code.

Apart from Debono, the select committee comprises government MP Francis Zammit Dimech and Labour's shadow minister for justice Jose Herrera. The Dean of the Faculty of Laws at the University of Malta, Kevin Aquilina, author of the draft legislation, was also present.

At one point Zammit Dimech and Herrera were involved in a shouting match when the committee discussed the Administrative Code. The law will codify the administrative laws of Malta into one single Code, to set out the principles which ought to govern the public administration in its relationship with the individual, to establish an Administrative Court.

The two MPs had a heated discussion about the independence of the judiciary. Herrera argued that the designation of judges and magistrates should remain at the discretion of the Chief Justice, however some appointments such as who sits on the Constitutional court should be made by the Cabinet of ministers "as is the custom in many other countries".

Herrera maintained that some crucial appointments such as who sits on the Constitutional court should be made by somebody who can be held accountable because at the moment the justice minister can "easily hide behind the chief justice" when taken to task about a number of appointments.

As the two MPs avidly argued about the matter, Zammit Dimech accused Herrera of wanting to do away with the judiciary's independence. As the two quarrelled, Franco Debono calmly listened and when the quarrel was over, he acknowledged that the two MPs were in agreement about the separation of powers and the Code should clarify "the grey areas, such as the appointment to the Constitutional court".

Debono said that the new legislation should make sure that all appointments are "fair and respect the person's dignity". He added that the Code should prevent ministers from forcing appointments on the chief justice but should also prevent the chief justice from "usurping the functions of the executive".