Persons seeking redress in cases of discrimination will soon be able to resort to an Equality Board within an independent commission answerable to parliament.
The Human Rights and Equality Commission, as it will be called, will replace the National Commission for Promotion of Equality, with authority to "give an “effective remedy” minister Edward Zammit Lewis told Parliament.
Speaking at the opening of the debate on a Bill for the setting up of the commission, the minister said complaints over a wide range of discrimination may be submitted to the Equality Board, which will have “quasi-judiciary” powers. However, contrary to the Maltese judicial system the burden of proof will be on the accused not on the aggrieved party.
Short of being a proper court, this board may award moral damages of up to €10,000 and handle cases in a more expedient manner. This would also result in less legal expenses and formalities, the minister added.
Dr Zammit Lewis laid emphasis on the fact that the original version of the Bill had been amended to take on board various recommendations made last year by the Venice Commission – the group of Council of Europe experts who made a report on the rule of law in Malta.
The head of the new nine-member commission will have security of tenure and has to be appointed with a two-thirds parliamentary majority. The selection process will be headed by the Speaker who will issue a public call. The candidates will be grilled by a select committee of MPs.
Dr Zammit Lewis pointed out that in some instances, the board will have the right to refuse to hear certain cases, such as when the aggrieved party has concurrent proceedings before another body such as a court or the Ombudsman, or when the matter had already been decided by another body.
Decisions taken by this board can be challenged within 20 running days from the decision.
The commission would be answerable to Parliament on the same lines as the Office of the Ombudsman, to guarantee full autonomy.
Government should consult more on the revised draft
Opposition MP Claudette Buttigieg welcomed the changes to the Bill in the wake of the Venice Commission recommendations. However, she urged the government to consult further with the Malta Employers Association, which had some reservations on the issue related to the burden of proof, and with the Ombudsman who had expressed reservations on the original draft.
She also questioned if the government had consulted legal experts such as Prof. Kevin Aquilina, who had also raised various concerns.
Ms Buttigieg questioned the idea to set up a board to expedite proceedings, rather than take the bull by the horns and address court delays.
“This Bill should have been sent to the Venice Commission, Prof. Kevin Aquilina and the Ombudsman, in order to have their feedback prior to making changes,” the MP remarked.
Minister lambasts Edwin Vassallo’s remarks
Earlier, Equality Minister Edward Zammit Lewis rubbished claims made on Tuesday by Opposition MP Edwin Vassallo who expressed concern that the Equality Bill could undermine freedom of expression.
Mr Vassallo questioned if, in terms of this Bill, anybody expressing himself against same-sex or heterosexual marriages could be interpreted as fomenting hate speech and consequently be liable to prosecution.
In his reaction, Dr Zammit Lewis questioned if the PN MP had read the Bill before taking the floor, while describing Mr Vassallo’s remarks as being unbefitting of parliament
“Discrimination is not the expression of an opinion, but instances like somebody missing out on a promotion due to sexual orientation,” he said.
Dr Zammit Lewis’s criticism was echoed by the Home Affairs Minister Michael Farrugia who branded the conclusions reached by Mr Vassallo as a “fable”.