In a meeting with the Malta Council for Economic and Social Development, Minister for Justice and Construction Sector Reform Jonathan Attard and Parliamentary Secretary for Social Dialogue Andy Ellul gave an overview of the reform of magisterial inquiries that the government is putting forward and on which parliamentary discussion will begin on Tuesday 11 February 2025.
Minister Jonathan Attard gave a detailed presentation of the reform of magisterial inquiries. A reform that will not deny any access to justice as no right of any citizen will be infringed. In fact, the change will be looking at various aspects in the process by introducing safeguards that protect the rights of citizens, increasing accountability in the process and granting new statutory rights to victims and their relatives, and even elevating the process for a Judge presiding over a Criminal Court with regard to requests for inquiries from private citizens.
He explained how, among other things, this reform will crystallise the role of the magistrate and the role of experts in the inquiry process, to ensure that the process is not hampered by doubts when it proceeds to the subsequent stages. The minister also stressed that new rights will be introduced for victims or relatives, primarily by having the right to be informed of certain information to the extent legally sustainable about the progress of the inquiry, as well as being given free copies of the minutes.
Minister Jonathan Attard stressed that through these amendments it will be ensured that the rights of every person who may be involved in the legal process related to magisterial inquiries are strengthened. “In a country where the rule of law reigns, we must ensure that everyone is accountable for their actions before justice, but at the same time there must be the necessary safeguards to prevent people or companies from becoming victims of those who abuse the legal system for purposes that go beyond justice.” The minister continued to say that a request for a magisterial inquiry on the initiative of a private citizen should not be used as a tool to persecute anyone, including commercial entities, as this can lead to economic repercussions.
“This reform is built on various recommendations made over the years by various local and international commissions, which take into account the pronouncements of our courts and which take into account certain unjust situations that victims or their relatives have spoken about. However, we will be entering the parliamentary debate, with the same approach that we always take and that is that proposals based on good will and a sense of justice, can lead to the bill continuing to be strengthened,” concluded Minister Jonathan Attard.
Parliamentary Secretary Andy Ellul stressed that this reform will ensure proper justice while reducing abuse. He said that justice should always be carried out within parameters of legal certainty to ensure that no unjust suffering is caused to any citizen.
Regarding the proposed changes, including the introduction of a new obligation for experts and new rights for victims or relatives, the parliamentary secretary stated that these will ensure that inquiries are carried out fairly and with full accountability. “With this reform we are ensuring that not only is justice done, but that it is done in the most just and serious way. This is what the proper administration of justice demands and this is what good governance demands,” the parliamentary secretary stated. He concluded by saying that this dialogue with the social partners will certainly be bearing fruit and leading to a reform that truly protects the rights of every citizen.
Also present at this meeting was the Law Commissioner, Judge Emeritus Antonio Mizzi, who for his part stressed that the need for this reform has long been signalled by our courts, as well as by various reports including by the Law Commission itself.
Photo: MJR/OPM_PS
