Letters to the editor – December 18, 2025

Politicians above the law

Albert Cilia-Vincenti, former chairperson, Alliance of Pensioners’ Organisations, of Attard writes:

I would not entirely agree with my friend Carmel Sciberras (December 9) that Giovanni Bonello’s recent series of articles have unfairly negatively tainted all the judiciary. He quoted at least two names who, in his opinion, stand out in a good light apart from the rest of the judiciary.

I feel we should be grateful to Bonello’s respected opinion, which warns us that we might have a problem with politicians and the judiciary acting against the rights of the common man in the constitutional court.  

Both the Labour and Nationalist parties have been responsible for this deplorable continuing injustice. Photo: Shutterstock.com

In 2006, a pensioner took the social security department to the constitutional court for severely deducting his contributory NI pension because he also had the public service (workplace) second pension. Social security were enforcing the 1979 law that prohibited the full enjoyment of two or more pensions. The pensioner argued that social security were defrauding his property right of receiving his full entitlement of NI pension based on his contributions. The court decided in favour of the government department, arguing that the law promised him a pension but not the amount of pension.

Common sense would indicate that, in the case of a contributory pension, the amount of pension due is established on the basis of the number of contributions. Politicians later amended the social security law (CAP 93 – Pensions Ordinance – item 5. i) as follows: “No officer shall have an absolute right to compensation for past services, or to pension…”

This matter needs to be taken to the European Court of Human Rights.

Having legislated the end of a second service/workplace pension for all public servants (except parliamentarians), as had been established in 1937 by the colonial administration, politicians then legislated a new service second pension for the judiciary (‘Scratch my back and I’ll scratch yours’?) and a few top civil servants. They also legislated, for enactment at a future unspecified date, so that future pensioners will be able to enjoy in full two or more pensions.

Budget 2025 recommended workers should invest in second private pensions.

Politicians have, therefore, discriminated fraudulently against current pensioners. They have also discriminately established a new service second pension for only a select few, rather than for all public servants, as the colonial service had done. 

Both the Labour and Nationalist parties have been responsible for this deplorable continuing injustice of post-colonial employment and pension law.