We are not only delivering on our promises, but we are also continuously implementing reforms befitting all sectors falling under the remit of the Ministry I am responsible for, and also those who make use of these services.
This week I announced further legal reforms. Following a legislative process in Parliament that was concluded earlier this month, the government is implementing with immediate effect various important amendments, in particular amendments concerning the functioning of the Asset Recovery Bureau, amendments pertaining to criminal proceedings initiated by the complaint of the injured party, as well as amendments dealing with the procedure of executing warrants of arrest of seagoing vessels.
From its inception in 2018, the Asset Recovery Bureau has carried out crucial work in the field of tracing, collection, storage, preservation, management, as well as appropriate and effective disposal of properties and assets directly or indirectly originating from criminal activities.
However, there were aspects in various laws that empowered the Registrar of Criminal Courts and Tribunals, and not the Asset Recovery Bureau, as the competent authority to conduct proper and efficient tracing, management and disposal of the proceeds of crime.
Through appropriate amendments in the laws concerned, now the Asset Recovery Bureau will be even more empowered, hence further enhancing the national commitment and strategy against organized crime.
Another important amendment concerns cases where criminal proceedings are initiated on the complaint of an injured party and the complainant subsequently waives the criminal action. In such circumstances, the Court, in declaring the proceedings as extinguished, used to be constrained to declare that the costs incurred in connection with the employment in the proceedings of any expert had to be borne by the Registrar of Criminal Courts and, ultimately, the public purse.
This situation had been heavily criticised and even labelled as being unjust by the Courts themselves in their pronouncements. Therefore, these amendments will ensure that the mentioned expenses are to be borne by the complainant waiving the criminal action.
The law concerning the procedure of executing warrants of arrest of seagoing vessels will also be amended in order to provide for a more coordinated and efficient procedure which minimises the risks posed to court marshals executing such warrants. Such an amendment would also protect the interests of the person requesting the issuance of the warrant, whilst even ensuring that Court orders are executed in an expedite manner.
All this is being done and will continue to be done to further strengthen the Rule of Law, and to safeguard that Maltese and Gozitan citizens continue reaping benefits of a stronger Justice Sector.
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Dr Victoria Buttigieg has officially been appointed as the first State Advocate of Malta, after being unanimously recommended for the post by an Appointment Commission following a public call, making her the first in our legal history and reiterating the commitment this Government has towards the implementation of reforms towards the strengthening of the Rule of Law.
The separation of the dual roles of the Attorney General entered into effect this Wednesday the 18th of December.
While the Attorney General as a result of this reform will retain the responsibility for prosecutions and criminal matters as provided in the Constitution and other laws, the State Advocate will be responsible for all government advisory and legal representation functions in the field of constitutional, civil and administrative law which are up till now exercised by the Attorney General.
The Venice Commission, in its opinion on Malta of the 17th December 2018, had proposed the separation of the dual roles of the Attorney General.
The State Advocate will enjoy the same level of protection and security of tenure as enjoyed by the Members of the Judiciary and the Attorney General. The State Advocate is to be the chief legal advisor to the government in matters of law and legal opinion and will be explicitly obliged to act in the public interest and to safeguard the legality of state actions. The State Advocate will carry out her functions through an independent agency established by through the State Advocates Act.
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Whilst implementing reforms in the Justice Sector, our commitment towards our National Heritage, continues. Yesterday I announced that the Government, through the Restoration Directorate, has started restoration works on five sites found within Fort Ricasoli which have been identified as the most crucial that are in need of restoration works.
Through these restoration works, we are addressing one of the largest historical sites found in our country.
The realisation of this ambitious project will be done through numerous interventions carried out by the Restoration Directorate, as we are committed to strengthen our country’s tangible heritage for generations to come.
Some details: The first site to be addressed is the Casemates in front of the No 1 Curtain, with works already in process. This structure was built during the end of the 19th century. The globigerina limestone rock used for this structure has heavily deteriorated during the years. Some remains of masonry were found which indicate that these had been changed in the past, which deteriorated as well. There are parts from the façade which have collapsed and others which are in danger of collapsing as well. The deteriorated stonework will be changed, mortar joints will be repointed, and the screed will be fixed to prevent the intake of water in the stonework. Works have already started on this site and is expected to be complete during summer of next year.
The second part of restoration works will be carried out on the Counterguard Wall which is in a bad state because the sea has demolished parts of it during the years. An intervention will be carried out on the South facing façade to address the damages. The fallen parts will be rebuilt, and the damage caused on other parts will be fixed. Special attention will also be given to change the deteriorated stonework, for mortar joints to be repointed and for the screed to be fixed to prevent water entry within the masonry. Works are expected to start in the coming weeks.
Restoration works will be carried out on the corner of St Dominic’s Bastion and on the façade of casemates along Tennaile Wall, which are expected to start in 2020. At the same time, documentation is being carried out on both sites to better understand the interventions which are needed. Studies are also being carried out on the concrete used for the Fire Control Tower in Bastion No. 4 so that the Directorate can better understand the materials used to carry out the necessary interventions. Works on the fifth site are expected to start in 2021.
In all, 5 sites within the fort which are in imminent need of restoration will be addressed – these works are being financed through the directorate and are estimated to reach around €1 million.
Moreover, the Restoration Directorate is documenting other various parts of the Fort to determine their state.
As one of the most important heritage sites in Malta, Fort Ricasoli is a key asset for Malta’s film industry. The fort serves as a backdrop for film makers and it did so for various blockbusters including for Gladiator, Troy, Agora, Assassin’s Creed, and much more. The fort is a unique site and is constantly sought after by foreign productions alike.
Restoration of our unique sites is a constant and ongoing process, as we are committed to preserve, regenerate and leave our historic inheritance as a legacy to our future generations.