House unanimously backs Bill to revamp judicial appointments

Parliament unanimously voted in favour of an amended Bill that will revamp the way judges and magistrates are appointed and disciplined.

Justice minister Owen Bonnici and shadow justice minister Jason Azzopardi hailed the Bill– which subsequently passed through its second reading and committee debate todat – as “history in the making”. It will now only need to formally pass through its third reading before passing into law.

The law will set up a commission who will scrutinize judiciary candidates and advise the government on who to appoint to the bench. The tweaked law will see the Ombudsman and the Auditor General join the Chief Justice, Attorney General and the Chamber of Advocates President on the judicial appointments commission. Lawyers will be able to apply for vacant judicial posts, and their applications will remain completely secret unless the government eventually appoints them to the bench. The government of the day will maintain its power to appoint the Chief Justice.

During the committee debate, Azzopardi questioned whether the commission will be given any selection criteria upon which it will scrutinize its candidates, to which Bonnici responded that it will draw up its own set of criteria.

Jason Azzopardi in March warned that the Opposition was ready to vote against and hence defeat the Bill as it would allow the Prime Minister to bypass the Commission’s recommendations and appoint whoever he fancies to the bench. However, an amendment will require the government to issue detailed public and parliamentary statements, in cases where it disagrees with the recommendations.

The Commission for the Administration of Justice will also set up a sub-committee to discipline judges and magistrates. Potential penances will range from slaps on the wrist to fines, suspensions, and letters of recommendations to Parliament to commence impeachment proceedings.

The Bill also seeks to address the long-standing issue of judicial pensions, currently set at around €900 a month. Their pension will now be equivalent to two-thirds of the basic salary of a judge or magistrate.

A proposal in the original Bill to raise the mandatory retirement age for judges and magistrates from 65 to 68 was scrapped from the final version.

In their speeches, Bonnici and Azzopardi publicly patted each other on the backs for the manner in which they conducted their negotiations.

“The law will revolutionise the judicial appointment system from the ground up, bringing it at par with those of other European countries,” he said. “My meetings with Azzopardi on this Bill were constructive and mature, and I am proud that we reached an agreement. We will now be able to give the country a long-awaited constitutional reform.”

Azzopardi recounted how he and Bonnici heard each other’s arguments out and agreed to tweak the Bill where required.

“I believe in the power of persuasion and that’s what went on during our meetings.”