A bill to introduce electronic tagging for people convicted of certain crimes started being discussed in parliament on Monday.

Home Affairs Minister Byron Camilleri said the courts would be authorised to order electronic tagging for people liable to a prison term of not more than one year as well as in cases where a restraining order is imposed or when a court issues a temporary protection order. 

Electronic tagging will not be available for those who commit crimes carrying a penalty of two or more years.

Electronic monitoring also cannot be ordered in cases of domestic violence, gender-based violence, family maintenance obligations, access to children and cases related to child abuse. 

However electronic tagging can be ordered in domestic violence cases where a temporary protection order is issued. In such cases, the victim could also be given a device to carry which would set off an alarm when the aggressor approaches.   

This, the minister said, would be an additional layer of protection for society, particularly victims who feared being approached by aggressors. He cautioned, however, that this was not a perfect system. 

It was important to point out, Camilleri said, that this law did not cover persons out on bail, although this could come about in the future. This mechanism could be developed in phases.

The minister said that apart from the courts, electronic monitoring could be ordered by the prison authorities for those on prison leave and the Parole Board for those on parole.

LESA would be responsible for the operational aspects of the system.

Opposition Home Affairs spokesman Darren Carabott said he supported the law but it was unfortunate that this bill had been moved now when it was announced five years ago. Had the government acted earlier, victims would have been afforded that additional layer of protection sooner.  

The interests of victims needed to be given paramount importance, Carabott said. Every measure to improve their protection deserved support. 

However, this law could also help in the rehabilitation of people who committed minor crimes and would otherwise end up in prison. It was well known that the prisons system was not that successful in Malta and the country had a high rate of recidivism. 

Carabott also observed that according to international reports, electronic monitoring represented value for money, substituting more expensive incarceration.

Strict monitoring 'will be crucial' - Opposition MP

But it was crucial that there was strict monitoring and that those found in breach were promptly punished. 

Would the monitoring be in real-time?

Would the authorities be able to know promptly if the electronic tag was removed or tampered with? And how fast would the response time be?

Would the tags also be able to monitor health aspects of the wearer, such as to ensure there was no excessive alcohol drinking? 

Did the government intend to eventually extend electronic tagging if its introduction proved successful? 

Concluding, Carabott urged the government to ensure that enough resources were allocated for the electronic tagging system to work efficiently.