Public officials to get legal protection, but not from criminal charges

Public officials who are sued in a civil court for actions they took in the course of their work will have any eventual damages paid for by the state, Prime Minister Robert Abela said on Wednesday.

However, the state will not cover any costs if public officials are found guilty of criminal offences or if a civil court rules they were grossly negligent.

The revised legislation is significantly different to what Abela had indicated he wanted to introduce when he first made the pledge last January.

Back then, the prime minister had said that “clearly innocent” people were being “terrorised” by people abusing the criminal justice system.

“I can’t bear to see people who are clearly innocent being dragged through the courts for years on end,” Abela said at the time, vowing to change the law.  

Two days later, Abela specifically named two former civil servants facing criminal charges – Alfred Camilleri and Joseph Rapa – in connection with his pledge to change the law, saying there was “not one shred of evidence” against them.

The legal proposal unveiled on Wednesday will not apply to Camilleri, Rapa or others facing such charges, as it will only impact civil suits, not criminal cases.

Fast-tracked legislation

Abela said he intends to debate the legislation and take a final vote on it before parliament shuts down for its summer recess next week.

"This is really needed because too many public officials face repeated legal threats," he said.

"If a public servant makes a mistake in good faith, the government should make good [for it]... too many people have an axe hanging over their heads simply for doing their job" he said.

"The only people who do not make mistakes are those who don’t do anything. And not doing anything is a dereliction of duty," he said.

As things stand, private citizens can sue public officials personally for actions they took in their official capacity. The new law will immediately change that and will also apply to ongoing proceedings, Abela said.

Who will it apply to?

Justice Minister Jonathan Attard said the new legislation will cover a wide array of public officials, as it will cover members of the civil service, public entity employees and members of the disciplined corps.

It will also apply to those with a constitutional role, including the attorney general, the auditor general, judges, magistrates and others who lead tribunals, persons of trust and members of parliament.

Medical professionals and teachers will also be protected, Attard said.

Attard said the law was required because the risk of being personally sued meant that government officials were afraid of taking any actions out of fear.

He said several officials, including the auditor general, have felt threatened by legal action.

The court will determine if the person facing legal action was acting in their public capacity or not and if they were grossly negligent in their actions.

If a public official is convicted by a criminal court, the government has the right not to pay for any civil damages. In cases when the state has already paid such damages before the criminal court judgement, it will have the right to recoup those costs.

The government will also step in as a guarantor in cases where the court seizes assets from the official.