The Malta Independent 27 April 2024, Saturday
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Proposed new state advocate 'toothless and dependent' - PD

Sunday, 9 June 2019, 17:30 Last update: about 6 years ago

The Bill to implement a separation between the roles of the Office of Prosecution and that of the State Advocate is a farce, Partit Demokratiku said in a statement. It is worse than window dressing. It is a bad joke, it added.

A State Advocate is an advocate to the whole State, including Parliament and Constitutional Bodies, and not just Government. Such an office should be independent and its interest should be to uphold the Rule of Law and the Constitution. It should refuse to adopt partisan positions.

“The amendments noted in the Bill are open-ended, vague and incorrect. The appropriate checks and balances are just not there,” stated Opposition MP Godfrey Farrugia.

“This bill is a sieve. It has major problems as it has poor personal, functional, institutional, financial and legal independence. If these are not entrenched by effective amendments, the Office may be bypassed, disabled or controlled. Furthermore, the independence of the Office must be balanced by accountability. Where is that?” stated Opposition MP Marlene Farrugia.

Partit Demokratiku asked government to put their cards on table and immediately publish the first readings of the other recently tabled bills in response to the Venice Convention. One cannot study such a scenario in isolation.

The Constitution is a social contract of the people of Malta and Gozo. It does not belong to Government. All stakeholders must be consulted, PD said.

 

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