Malta Employers’ Reactions to the Bill on Magisterial Enquiries: Keep the Good, Scrap the Rest

In response to the Minster of Justice’s invitation, during an MCESD meeting convened on Friday 7th February to the social partners to submit their reactions to the Bill on Magisterial Enquiries, Malta Employers urged the Minister to focus on the positive points within the proposed Bill, and to discard proposals that erode citizens’ fundamental rights and weaken good governance.

Enhancing the rights of persons that are the subject of a magisterial enquiry, setting timelines and defining the role of experts are issues on which there should be political consensus as they improve the current system. However, limiting or prohibiting the access by individuals to an enquiring magistrate, by having them resort to the police as a first point of call is an erosion of their rights. Enquiries of momentous importance concluded recently would not have been initiated under the proposed regulations.

As things stand today, a magistrate can still decide not to proceed with a case unless presented with reasonable evidence, as has happened recently. Therefore, the system is already filtering out cases which may be deemed to be frivolous without the need to subject the claimants to expenses, as is being contemplated. A magistrate may have good reason to proceed with an enquiry even though it may eventually be found to be no case, and this is the reason why s/he can appoint his/her own experts. It is a system that has worked well and struck a good balance between taking action where there is a possible case of infringements such as money laundering or corruption. The retroactive aspect of the proposed law also raises doubts about its true intentions.

Government should listen to the former Chief Justice Silvio Camilleri’s warnings on this matter, together with those of many organisations, journalists and social partners, and act in good faith to ensure fairness, good governance, and access to justice in the interest of Maltese society.

ENDS

8 February 2025