Justice minister Jonathan Attard praised Prime Minister Robert Abela on Tuesday for being “proactive” in bringing about an effective justice system.

Attard was asked whether he thought Abela's decision to talk to a magistrate on sentencing policy was ethical. 

The Chamber of Advocates, ADPD (the Green Party) and rule of law NGO Repubblika lambasted Abela after he said he had spoken to a magistrate on sentence severity.

Abela spoke on his conversation with the magistrate during a political event on Sunday. 

The prime minister was reiterating his call for tougher court sentences to send a message to society when he brought up a conversation he had with a magistrate who told him that even when the lower courts imposed tough penalties, they were inevitably reduced on appeal.

Repubblika pointed out that the code of ethics for judges and magistrates lays down that they: “shall not, however, communicate in private with members of the Executive on any matter connected with their duties or functions except through or after express consultation with the senior magistrate and/or with the chief justice.”

However, on Tuesday, JAttard praised Abela for taking a “proactive stance”.

“The intention was for a politician, in this case, the prime minister of a country to discuss the necessity of considering a sentencing policy. I consider it positive that we have a pro-active government for the people to have more effective justice,” he said. 

Before, he said, these issues used to be thrown under the carpet. 

Standards anti-deadlock mechanism 'a step forward'

Attard also said that the introduction of an anti-deadlock mechanism to select the commissioner for standards in public life is a “step forward” for the rule of law. 

On Monday, Parliament voted for the controversial anti-deadlock bill that paves the way for the government to appoint a standards commissioner whom the Opposition does not approve of.

The nationalist party strongly opposed the bill describing it as “undemocratic”.

Attard defended the bill and described it as a “step forward” when asked for his thoughts on its effect on the rule of law. 

“The opposition was capriciously blocking the appointment of a new standards commissioner for no valid reason”.

The anti-deadlock mechanism is in line with the Venice Commission's recommendations on ways to break a deadlock when a compromise is not reached, he said.