The government is analysing a draft law to change the way magistrates and judges are appointed and removed, Justice Minister Owen Bonnici said this morning.
The draft was prepared by University law dean Kevin Aquilina and is based on the recommendations made last year by the Giovanni Bonello Commission, a justice reform body.
Dr Bonnici said he was discussing the draft with the Attorney General after which it would be presented to a reform steering committee for discussion with the stakeholders.
He said that talks with Opposition justice spokesman Beppe Fenech Adami were held and a number of suggestions were passed on for inclusion in the draft.
The Bonello Commission had proposed a radical overhaul of the way members of the judiciary are appointed and disciplined.
It had suggested that a special prosecutor should be tasked with taking action against judges and magistrates in front of a disciplinary authority in cases of misconduct.
The commission also recommended the setting up of a three-member authority for discipline composed of a sitting judge and magistrate elected by their peers and a member representing the people chosen by the President.
Minor infractions would be punished by a warning or a fine not exceeding €1,000, deducted from the judge’s salary. For the more serious cases, the disciplinary authority could even recommend removal from the Bench through impeachment proceedings in Parliament. The authority would hold a register of all punishments meted out.
Both the special prosecutor and the accused would be able to appeal the authority’s disciplinary decision before the Commission for the Administration of Justice.
The Bonello Commission also proposed the suspension of judges and magistrates from work pending the outcome of a case against them involving dereliction of duty or if they are charged in court with voluntarily committing a crime.
With regard to the appointment of the members of the judiciary, the commission also proposed a radical shake-up, diluting the justice minister’s sole discretion as at present. Alhough the final decision would rest with the government, a six-member autonomous authority would carry out a selection process to choose and advise on suitable candidates for the Bench.
Following the proposals Dr Bonnici had said that they would not necessarily all be taken on board by the government.
This morning, Dr Bonnici was speaking at the court registry in Valletta where he announced the amalgamation of the Gozo and Malta registries.
The move will cut bureaucracy and remove the inconvenience of people who had to travel to either island to file a court case, depending on the circumstances of the case.
Dr Bonnici, who only took his oath of office as minister this morning, said that in the cultural field he would be holding talks with various stakeholders.
"The message I want to send out is that this is a government open to ideas," he said, adding it was pretty much "a home-coming" for him in the sector having shadowed it for five years.
When asked whether he would be retaining V18 chairman Jason Micallef's services, Dr Bonnici said he still had to meet him formally and discuss the way forward.
However, he added that with the "good work" put in by Mr Micallef and his team, he was sure V18 would be a success.