Members of the judiciary are increasingly becoming vociferous about the lack of investment by the government to ensure the wheels of justice can turn smoothly.

Mr Justice Ian Spiteri Bailey has just come across “another typical case that reveals the huge problems in the administration of the courts”. As he noted, such issues have been raised in judgments handed down by various members of the judiciary.

The case in question resulted in the judicial arrest of a vessel in Malta after an application took 20 days to be processed by the court registry, reaching the judge’s chambers so late that the request had lost effect and had become superfluous. This “unacceptable” delay caused a precautionary warrant to take full executive effect, with disastrous effects on the impounded ship.

The judge felt he should point out the implications such delays would have “in a sensitive and important sector such as maritime, when everyone considers the sector an important one for our country”.

Ironically, in an article on Times of Malta a few days later, Transport Malta CEO Jonathan Borg described the maritime sector as a vital component of Malta’s economy, encompassing diverse interests and clusters “that demand a specialised approach”.

The finance, economy and transport ministers should forcefully convey that message to their colleague, the justice minister, at the next cabinet meeting and insist on robust action being taken. They would, no doubt, have the full support of the prime minister who is constantly insisting that the institutions are working and should be allowed to work. But, given what the justice minister said in parliament recently, the prime minister may need to twist his arm if he expects anything meaningful to happen.

Last March, Mr Justice Francesco Depasquale severely criticised the government for failing to provide the resources necessary for the judiciary to function effectively and to deliver justice within a reasonable time.

Perhaps acting on the adage that attack is the best form of defence, Justice Minister Jonathan Attard argued that the problem of court delays could not only be stemming from lack of resources but also other issues, such as lack of discipline in the courtrooms by judges and magistrates.

If any members of the judiciary are failing in their duties, the minister can – indeed, should – go through the right channels, such as the commission for the administration of justice, to ensure they perform diligently.

In this regard, the equality of arms principle does not apply to the judiciary because, although the minister can actually set the ball rolling for action to be taken against defaulting judges and magistrates, they can only use judgments to speak about the many obstacles they face due to the government’s lethargy or wrong priorities.

The minister told parliament efficiency in court is not an impossible milestone and that the government will remain committed “to making unprecedented investments to ensure that effective justice takes place and in a reasonable time, in every case”.

There is certainly no further time to lose. Already two years ago, Mr Justice Depasquale, in his capacity as president of the Association of Judges and Magistrates of Malta, deemed the situation “critical”. He had called for “urgent and immediate action” for, otherwise, the institution responsible for maintaining the rule of law risked collapsing.

The judiciary, both individually and through their association, need to keep up the pressure, as should the Chamber of Advocates.

The people, too, must support their ultimate bulwark when it comes to law and order.