The proposal by the Labour government to hinder as much as possible the right of citizens to take evidence to court when they feel that alleged crimes have not been investigated by the police constitutes a further deterioration of the rule of law in Malta.

If it is true that anybody in possession of evidence of crimes allegedly committed by the government, public authorities or civil servants will be forced to share the information with the police as a condition before asking the courts to decide whether to open a magisterial inquiry then we are entering into a Putin- like police state.

Knowing from experience of the past 12 years that the police are entirely biased in favour of the present government and only act when given a green light by the government, it is obvious that the population has no trust left in the independence of the police force.

The changes to the law will also include the granting of impunity to public servants, to members of the civil service and to persons of trust employed with the government for any acts, decisions taken or failed to be taken that lead to crimes being committed by them or by the persons or companies which they are obliged to oversee and such changes are also against the rule of law.

Equality before the law and responsibility for actions or omissions is a fundamental principle of our constitution. Is this proposal caused by the fact that, after many years of having kowtowed to the government and signed cheques, entered into government contracts or partnership agreements which they knew to be illegal or wrong but still accepted to sign hoping to get away from criminal liability but are now beginning to say ‘no’?

We have been close to situations like this in the past, but Malta came out of those situations- John Vassallo

With the Vitals inquiry leading to the charges being brought against not only political elected officials but also against top civil servants there was the beginning a push back by civil servants.

Yet the government, instead of bowing to the advice of its own civil service, wants to continue to push them to carry out orders even against their will and in fear of criminal future liability. So, by granting a blank cheque of impunity from legal action it hopes to comfort protesting public officials and force them to continue to obey. Since this law is clearly unconstitutional, I presume that a challenge will be made by civil society or by the opposition at the Constitutional Court, the Court of Human Rights in Strasbourg or even the European Court of Justice in order to have this proposed law annulled if it passes through parliament.

This legal challenge can be avoided if members of the Labour Party revolt against this panicky act of their prime minister and minister of justice or if the president, who cannot be removed, decides to let her legal training, her conscience and her belief in the rule of law operate and refuses to sign this law.

We are after all a democracy based in the rule of law. Let us remain so. We have been close to situations like this in the past, but Malta came out of those situations. We will do so again.

John Vassallo is a former Ambassador to the EU.