Franco Debono moves private motion

Seeks reform of justice, the police

Nationalist MP Franco Debono has given notice in Parliament of a private member's motion calling on the House to discuss and resolve long standing problems in the justice sector and the police force.

The 22-point motion was presented today to the Clerk of the House. Dr Debono noted that at the opening of the Forensic Year, the Chief Justice  had urged the government to give due importance to the justice sector, in the same way as it gave importance to the economy, because both were important in a democracy.

The motion says that:


1. Despite the great progress made in the police force in the past 10 years, several issues need to be resolved including union representation of policemen, arrears of overtime and measures to ensure that policemen remain motivated.
2. The investigation and prosecution functions of the police must be separated.
3. The police should be equipped with modern DNA and other equipment in a proper forensic laboratory.
4. Magistrates should have a separate role as inquiring magistrates and presiding judges and a pool of magistrates should be formed, specialising in inquiries.
5. The procedure on the appointment of court experts should be revised and eligibility of persons to serve as experts also needs to be revisited.
6. The House should further discuss the right for the presence of a lawyer during interrogation of suspects by the police, as well as the rule of disclosure and related issues.
7. The House should revise and better define the role of the Attorney General and his duties in certain circumstances.
8. The House should discuss a radical reform of the penal system.
10. A revision of the legal aid system to ensure proper defence for those who cannot afford a lawyer.
11. Reform of the Family Court particularly a revision of the part-time mediators.
12. A revision of the procedure for the appointment of judges, including the required experience, the selection and nomination process, the retirement age and working conditions.
13. Careful re-examination of the impeachment procedure and of the mechanism of the National Commission for the Administration of Justice as an effective means of checks and balances.
14. The bringing into force of the Act for Reparative Justice including the strengthening of the rights of victims of crime and extensive reform of various aspects of the civil prisons.
15. An analysis followed by legislation on the basis of the document issued by the Chamber of Advocates entitled - Regulating the Legal Profession in the 21st Century.
16. A discussion on whether the authority to allow tapping in criminal investigations (excluding national security) should be transferred from the minister to the courts.
17. The removal of criminal libel while making an upward revision of maximum damages in civil libel cases, applicable also to the internet.
18. A review and tightening of the entry requirements for the law course at the university in order to safeguard the prestige of the legal profession.
19. An revision of the juvenile court with regard to minors.
20. An improvement of the library at the law courts.
21. Consolidation of the Parliamentary Committee on the codification of laws and the Law Commission for the updating of legislation.
22. A review of the situation in the Small Claims Tribunal and other tribunals, arbitration centres and mediation services particularly with regard to the competence of the presiding officers, including reconsideration of forced arbitration.
The motion says that calls for action on the above had been made repeatedly in various fora but in most cases, little or nothing was done or progress was very slow, despite the importance of these sectors for civil liberties. The House should therefore discuss these issues and decide what measures need to be taken.