Almost nine years to the day since I proposed in a motion in parliament on November 8, 2011, the raising of the judiciary's retirement age to sixty-eight  Parliament will today be debating the same proposal. 

Indeed the same motion, about major reforms in justice and home affairs, effectively constituting the birth of justice reform, subsequently confirmed by the Bonello Report and the Venice Commission. In point 11 it dealt with the revision of the number of years, and experience required for the appointment of the judiciary as well as the procedure of choosing the judiciary, the retirement age,that I have long sustained should be increased to 68 years, together with the work conditions of the Judiciary. It also called for a ’thorough examination of the consequences of the outcome of the last impeachment procedure, of the efficacy of this mechanism and the present state of the Commission for the Administration of Justice as a means of constitutional checks and balances.

The first major development the motion had led to was the historic split between the Justice and Home Affairs ministerial portfolios, without which the rest of the reforms could never be implemented. At that time a debate regarding the appointment, discipline and removal of the judiciary was almost regarded as taboo and it took a good almost ten years for the issues to be adequately treated requiring further pushes from the Bonello Report, the Nationalist Opposition, civil society and the Venice Commission, and a change of minister earlier this year. 

Franco Debono.

As for the raising of the retirement age, I had said in parliament in 2010 and in June 2012 that the most fundamental criteria required amongst the judiciary is undoubtedly the wisdom which is indispensable in exercising their role, not only in the knowledge and application of the laws but also the wisdom in assessing the veracity of testimonies and deciding whether a witness is stating the truth or otherwise.

Wisdom is not learnt in any book but is gathered from hands-on experience and gained from everyday practice. The years of experience lead to a Judiciary that delivers just and equitable judgements. Good judgements come from experience. Good judges and magistrates are endowed with a sense of wisdom and a sense of justice which must be the yardstick used in delivering judgements.’’

As I had also said back then with regard to the retirement age of our Judiciary, I strongly believe  it should be raised. In the case of judges, the retirement age should be increased from 65 years to 68 years. In the last years we have unfortunately attested to losing some of the most exceptional and remarkable judges as the result of compulsory retirement. Among them was Judge Galea Debono who brought inside the courtroom a certain/unique sense of discipline and command.

I made pretty much the same point in the Select Committee [Re-codification and Consolidation of Laws] which I used to preside with Jose’ Herrera and Francis Zammit Dimech as members,  in the meeting of 28 June 2011,

I argued that seven years as lawyer, does not make you a good magistrate. Both this and 12 years to be judge must increase. Retirement age must increase too. Appointments need more experience and retirement should be coming later.  In some countries this is 68 and 70 years. We lost some of our best judges as Filletti, Camilleri and Galea Debono in their prime.

A judge’s wealth of accumulated knowledge and wisdom comes and is accumulated over time. . .”

In line with these proposals then justice minister Chris Said had presented a bill, never debated, to raise the retirement age. In 2016 the Nationalist Opposition justice shadow minister made the same proposal. 

I had also mentioned in the same June 2012 Parliamentary speech, quoting a then-recent judgment by Judge Quintano, how the number of judges and magistrates needed to increase, a call also made recently by the Association of Judges and Magistrates calling for an increase in the number of judges and magistrates. In that judgment, Judge Quintano had embarked on a detailed comparative analysis to Cyprus, Greece and other countries.

It resulted that per capita we have a small number of Judges and Magistrates and this necessitates for an increase in the Judiciary.

A good sound solid vision like a wise and just judge is one that withstands the test of time and what I said in parliament nine years ago is relevant today. Pity that we lost so many good judges at their peak, along the years, due to this raising of the retirement age not being implemented earlier.

Well done to government and Opposition to at long last reach unanimous approval to implement this important measure, almost nine years to the day after being originally proposed in my private members’ motion about holistic reform in justice and home affairs.

Dr Franco Debono is a practising criminal lawyer and former Nationalist MP.