A new bill currently being drafted will maintain citizens’ right to trigger magisterial inquiries but with increased scrutiny, while individuals subject to the allegations will be granted “rights and protection”, Times of Malta has learned.

The bill, which will amend the criminal code, also intends to make magisterial inquiries more efficient, amend the procedures through which experts are appointed and paid, and provide more information and transparency to victims’ families, sources close to the government said.

Prime Minister Robert Abela recently insisted a reform was needed because individuals like lawyer Jason Azzopardi were “abusing” the system for political gain and causing injustices to people who find themselves at the centre of investigations without the law adequately protecting their rights.

“It’s still a work in progress but it won’t take long,” one source said.

“The bill will add checks and balances in the process to responsibilize citizens who make the allegations and add safeguards and rights to those facing the allegation. As it stands, the people facing the allegations barely have any rights.” 

The government feels Azzopardi’s requests for magisterial inquiries are not about seeking the truth or justice but to cause political harm and persecute politicians and their families, another source said.

More details on how the process will change are yet to emerge, but the law already caters for perjury and harshly punishes citizens who willfully lie or misrepresent the truth under oath.

It is yet unclear what the new bill will add to that.

Motion tabled last week

The current system allows ordinary citizens to report abuse and trigger an investigation led by the judiciary.

The government tabled a motion in parliament last week to amend that law.

The system has been in place for decades, but turned especially controversial last year, after Joseph Muscat, Keith Schembri, Konrad Mizzi, former ministers and permanent secretaries, and a host of other individuals and companies were criminally charged in court following the conclusion of a magisterial inquiry into the hospitals deal that was initially triggered by NGO Repubblika.

Earlier this month, it was revealed that another magisterial inquiry of the sort, this time investigating the dealings of Dubai company 17 Black, was concluded and charges are expected to be filed, yet again, against Schembri, Mizzi and Yorgen Fenech, among others.

Meanwhile, over the past months, lawyer Jason Azzopardi has sought magisterial inquiries into the alleged ID cards racket, the Lands Authority CEO, Economy Minister Silvio Schembri and three separate inquiries into Gozo and Planning Minister Clint Camilleri.

Abela has vowed to protect them amid calls for investigations.

Sources insisted, however, that the bill has been in the works for years and was even a pledge in Labour’s 2022 electoral manifesto. 

One source said the bill will not just be about private inquiries. It will also add measures to increase quality and efficiency, hopefully helping the judiciary go through inquiries quicker, and will add regulations on how court experts are appointed and with stipulated budgets.

Times of Malta is informed that Justice Minister Jonathan Attard was, over the past months, in discussions on how other systems, particularly the UK court experts’ system, work, as well as the inquiry process in other EU jurisdictions, such as France.

Crucially, the reform will make the magisterial inquiry process much more transparent for victims’ families, meaning it would also adopt the recommendations of the Jean Paul Sofia public inquiry on the matter.

Where sparks are expected to fly

This is where sparks are expected to fly, however.

The Nationalist Party has been in favour of implementing the Sofia inquiry recommendations since they were published last year, but it has equally been opposed to the magisterial inquiry reform since day one.

The PN slammed those plans, saying Abela wants “immunity for corrupt politicians and their accomplices,” and vowed to vote against the legislative amendments at every stage.

Controversy is expected to erupt if the government weaves the Sofia recommendations into the reform on the private citizens’ magisterial inquiry, as it would be forcing the opposition to vote on a law it only partially agrees with.

Meanwhile, last week, Abela also said the government will be protecting civil service and government entity workers from being taken to court in their personal capacity.

Times of Malta is informed this is a different bill that will be tabled in parliament later this year and will deal with civil liability.