Bill to provide police with stronger tools in fight against sexual abuse of minors

The government is proposing the harshening of penalties against individuals caught sexually abusing of minors, the exploitation of minors or trading in child pornography.

The proposed laws also provide the police with stronger tools in its fight against child abuse.

Parliamentary secretary for justice Owen Bonnici this evening presented the first in a series of bills proposing a number of amendments under the justice reform.

Headed by former European Court of Human Rights judge Giovanni Bonello, the justice reform commission presented government with 450 proposals.

As the first set of proposals require changes to the Constitution, Bonnici said the government will seek the Opposition's consensus - especially given that a number of proposals require the approval of two-thirds of the House. Other changes only require an absolute majority.

"Whatever the changes are, the government will be seeking the Opposition's consensus," Bonnici said, adding that meetings held with shadow minister Beppe Fenech Adami have been fruitful and will lead to "historic and important" changes.

The first set of proposals include amendments to strengthen the role of the Commission for the Administration of Justice, the judiciary watchdog deemed not to have "strong enough teeth" to properly scrutinise members of the judiciary.

The second set of proposals essentially require a change in law or implementation of new policies. Government has committed itself to implement 100 of these proposals without further delay. The first set of proposals amend the criminal code. "Soon, the government will be putting forward proposals for the appointment of a judge for Gozo," Bonnici said.

The junior minister announced that a seminar - without the participation of the media - will be organised for stakeholders to discuss proposals to the justice reform before these are implemented. Government is also planning a meeting with the MCESD during which the proposals will be explained in detail.

The third set of proposals - half of the proposals recommended by the justice reform commission - require the setting up of new structure and substantial investment. Bonnici said his parliamentary secretariat, together with the Finance Ministry, were currently locked in talks to coordinate the necessary funds. The government was also studying the possibility of tapping into EU funds.

The bill presented this evening proposes a number of amendments to the criminal code, including the possibility for a person charged with a crime carrying over 10 years imprisonment is given the possibility to plead guilty, plea bargaining or even appear before the criminal court during the compilation of evidence. In other words, if the accused wants to immediately plead guilty, he can do so without first having to wait for the compilation of evidence to be finalised, receiving his sentence in a shorter period of time.

This proposal would mostly affect foreigners charged with drug trafficking and the sentence would be handed down by the Criminal Court. "This however requires the introduction of plea bargaining, whereby the prosecution and the defence negotiate on the punishment - something which cannot take place today."

The bill proposes the strengthening of the right to legal aid during arrest, which the justice reform commission branded "weak". These also include the right to an interpreter and a translator - many lawyers agree that sometimes foreigners plea guilty to charges without fully understanding what they were admitting to.

According to Bonnici, the bill introduces an important clause which gives the suspected or arrested individual the right to access information, allowing him or his lawyer the possibility to effectively attack to the legality of an arrest or detention thus safeguarding the fairness of procedures. It also gives the accused time to prepare his defence.

"Such a radical introduction in our system will give us the opportunity for a full revision of the procedural concepts during compilation and, if well implemented, could lead us to a paper committal system."

Bonnici added that the government will be giving the Police Corps four months to prepare itself before this clause is introduced.

The draft bill proposes the harshening of penalties against the corruption of minors, instigating minors to fall prey to prostitution circles, forcing them to take part in sexual activities or the advertising of sexual tourism.

The junior minister pointed out that while many welcomed the Whistleblowers Act, yet the parliamentary secretariat has noted "a resistance" for complaints to be filed. "Many still fear what could happen to them if it is revealed they had been the one to blow the whistle. It is important for the public to understand that this law protects them and safeguards them."

Bonnici said the government believed that it was time for it to continue building on the witness protection programme so that individuals - even those involved in the act of corruption - are protected if they choose to come forward and reveal the corruption. It is also proposed that the whistleblower receives a lighter punishment or none at all.