Justice Minister Owen Bonnici today published a bill that will separate the roles of the Attorney General, creating a State Attorney to handle the civil functions currently occupied by the post.

The Council of Europe’s (not to be confused with the Council of the European Union) Venice Commission had recommended the setting up of an Independent Director of Public Prosecutions (DPP) with security of tenure should be established, who takes over prosecuting powers and the corresponding staff from the Attorney General and the police. they also suggested that Magisterial inquests should be absorbed into this function. "The decisions of this DPP, notably not to prosecute, should be subject to judicial review," the Commission had said.

Presenting the bill today, which he hopes will pass through Parliament before the Summer recess, Bonnici said that the Attorney General will focus on the prosecutorial functions currently operated by this office, and that these powers will be expanded. The State Attorney will take on the role of advising government on legal issues. The State Attorney's role will also be recognised by the Constitution.

When the bill becomes law, the AG’s powers will essentially be that of a prosecutor general, he said.  adding that the powers of the office will increase. He said that there is an issue in the system that, according to the Venice Commission, the person who investigates and the person who decides whether a person should be prosecuted should be distinct. Today the police is the one that investigates and decides whether to prosecute in most cases, he said, adding that the Commission said this should be separate.

The decision to prosecute after an investigation takes place will be taken by the Attorney General, he said, who is someone protected according to the constitution. The Attorney General will also have the power to ask the police for information regarding the state of an investigation, and also to demand that the police issue charges.

He said that the new law will propose that the AG be the one to prosecute in front of the courts. So the AG will be the ones leading the prosecution in court. He said that there will be a period where prosecutions will still be led by the police working closely to the AG, as it cannot happen overnight. He said that this will be the case as the minister will be given transitory powers.

In both the case of the Attorney General and the State Attorney, a board of experts will recommend to the Prime Minister who to appoint. In terms of removal from their post, both will require a 2/3rds Parliamentary majority. Peter Grech will remain the Attorney General, Bonnici said.

Magisterial inquiries will not be touched by this bill, he said. The bill will not require a 2/3rds majority to pass, he said.

Video: Eva Krins