The Malta Independent 2 September 2026, Wednesday
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Succession Laws to be changed – Tonio Borg

Malta Independent Monday, 11 October 2004, 00:00 Last update: about 13 years ago

You have been Interior Minister for seven years. What changes have taken place since you have been at the helm?

There have been many initiatives undertaken by the Interior Ministry in the past seven years which were previously unheard of. Among these, were amendments to the Criminal Code to tie off all loopholes in the law.

We made changes to the definition of conspiracy crimes and increased punishment for drug trafficking. We also increased the rights of victims of crime. They now have the right to be in court to listen to the case and see the outcome; previously they were simply regarded as witnesses.

There is also the difference between a witness testifying just in the presence of the accused and someone testifying in the presence of both the accused and the victim.

What has changed in regard to the drugs laws?

There has also been change in the police corps set-up. We witnessed the creation of the drug squad in 1995. Previously, they were attached to other squads and, once set up, the new squad began to yield results immediately. We gave them specialised people and equipment.

However, we must not become hysterical about the drug problem. Although I made amendments to the law to be harsher on drug traffickers, we also made some changes to soften the law in other aspects in 1998.

It was not fair that people bringing small quantities of drugs into Malta were being made to serve a mandatory prison sentence. We are not saying that they will not go to prison, but it is not mandatory to send them to prison. I had moved for the amendment while we were in opposition, and the Labour government of the time voted against it.

We were subsequently voted into power and six months later, I moved for the amendment again. It went through, but once again, the MLP voted against. I am glad to see that the Labour opposition is now changing its views on the issue.

Now we are looking at the possibility of removing the mandatory prison term for people who, although they may have shared drugs, only shared a small amount for individual personal use. I think the time has come to change the law in this regard and I have said it publicly.

I waited for a report from the Drug Forum in order to get feedback from NGOs on the issue. Caritas, in fact, have already said that they do not believe in a mandatory prison term for people who share drugs. We have already had the first sitting of the Social Affairs Committee on the issue in order to reach agreement before putting the amendments to the vote in Parliament. This time, people will not be able to use the excuse that they were not consulted.

What structural investments have been made?

The Police Corps used to work in the most dilapidated of buildings, especially the Criminal Investigation Department. They used to work in a building that was overrun by mould. Even interrogations used to be held in the most primitive of ways.

Identity parades used to be held out in a yard with the victim looking through Persian blinds to try and identify someone. Now everything is modern. The CID is working in a brand new building that cost Lm1 million. New vehicles were also purchased for a more efficient corps. Recruitment and appointments are an ongoing process.

Even if we look at the prison, we have built an entirely new one at a cost of Lm5.5 million. There were plans for it in 1995, but we lost the election. Subsequently we were voted back into office and decided to build a new wing. We didn’t do it because we want more inmates, but because we wanted to better segregate the inmates.

For example, youngsters used to be put in the same blocks as hardened criminals and this wasn’t right. Now they have new facilities all to themselves. We are still using the old Victorian prison, but we are moving inmates into new areas that are more based on a community spirit. We move people into the new wings if they have good disciplinary records, so it has almost become a reward and this fosters good behaviour.

There was also a massive change in the Civil Protection Department. Before, every piece of equipment was old or bought second hand but we are moving on thanks to the Italian government’s protocol agreements with Malta. Over the past seven years they have donated Lm7 million for the purchase of new equipment, including brand new vehicles.

We also have four sea rescue boats that were funded entirely by the Italians. This makes the work of the Civil Protection personnel more efficient, very important when one considers that there are about 5,000 request for assistance every year.

What other changes to laws are in the offing?

We are in the process of changing the succession laws that will eliminate discrimination between legitimate and illegitimate children and couples that have no children. Today, if you have no children and do not make a will, your family has the right to claim your assets. The changes we are envisaging is that the wife will become sole beneficiary in such cases.

The setting up of the Security Service was not that well received... what does it do and what results has it delivered?

We set up the Security Service – not the Secret Service as many people call it – to investigate very serious crimes and threats to the country. This new department has been instrumental in the solving of many crimes, especially large drug importation ones.

Our Service networks with many of its foreign counterparts. It also tackles organised crime and terrorism. It encompasses police, customs, the AFM and the Drug Intelligence Unit and of course, the Service works hand in hand with the police. We work with western countries and also with countries from North Africa, especially Libya.

We have high levels of cooperation with the United States, especially since the appointment of Ambassador Anthony Gioia. The United States Government donated the PISCES system to keep track of people coming into the country, and contrary to what some people believe or allege, there is no agreement to share any information with the US Central Intelligence Agency (CIA).

But then, if we do come across a terrorist, we are obliged to give them information. Of course, not only to the United States. We are obliged to give and share that information with countries all over the world. We have signed various international conventions regarding terrorism and we have our obligations.

Malta seems to be swimming against a never-ending tide of illegal immigrant arrivals. How can we curb the problem?

You have illegal immigrants, people with humanitarian status and refugees. Of course, an illegal immigrant can develop into either of the other two. We cannot ignore the problem of illegal immigration; it is here to stay.

As long as there are rich countries in the north and poor countries in the south, people are going to keep travelling north for the promised land of Europe. I do not think that there was an increase in immigrant arrivals since we joined the European Union.

I say this because in 2002, when Malta was not yet a European Union member, 1,680 immigrants arrived in Malta, followed by 500 in 2003. This year the number of arrivals is, up to the end of September, around 1,200.

To alleviate, if not resolve, the problem of illegal immigration, we need to work on three fronts. We must improve cooperation with Libya as the point of exit, and it is encouraging to see that the proposal of Italy and Malta for the lifting of the embargo by the European Union has been accepted. This will allow Libya to purchase equipment such as patrol boats and aeroplanes to better control the

problem.

We must also continue with our policy of repatriation (only with illegal immigrants). Problems arise when these immigrants are not from Libya but, for example, Mali and we have to send them back there. We have no direct flights to Mali so hopefully we can strike up some flight-sharing agreement with other European countries to send the immigrants back. This will reduce the cost of repatriation, which is not negligible.

The third aspect we have to look at is that of the European Union. The EU does not have a magic solution to the immigrant problem, but I believe that it is better to be in the EU rather than out of it. There is a growing trend of burden-sharing.

It is not only Malta, Greece, Italy and Spain that suffer because, like I said, people end up travelling further north. On the other hand, countries like Germany need workers and that is why we support the tri-party proposal by Germany, the United Kingdom and Italy who are proposing the setting up of centres to be opened in Africa where prospective immigrants can apply for work and they then would have the chance of gaining entry to Europe legally.

We must also ensure that illegal immigrants’ applications for refugee or humanitarian status are processed as quickly as possible. This sometimes can pose a problem as nearly all immigrants destroy their identification documents, so it becomes very hard to establish exactly where they are from. Sometimes we have Egyptians claiming they are from Palestine etc. That’s why we need to continue with the policy of detention.

People just do not realise what a burden illegal immigrants are on our economy. You have to feed and clothe them and apart from all that, if you give them the freedom to go and work, you would swamp the market and you would have a huge increase in unemployment. We also have the problem of scale. Having 800 immigrants in Malta is the equivalent of Italy having something like 80,000 immigrants. We also have the compounding fact that we have the densest population ratio in Europe.

We envisage that the problems we have in detention centres will shift to open centres as in most probability a large number of immigrants will be granted some kind of protection. The government is actively looking for a location to build, or rather convert an existing building into a new open centre.

We are also working with the EU to try and set up a centre for children. The project would be co-financed by the EU and the government – each party stumping Lm50,000 of the cash. Also, we have made changes whereby people who prove they are refugees can work in Malta, with a legal work permit. Before, when they were given a work permit their refugee status was removed.

Have there been developments on Malta's application to host the Border Control Centre?

There are other countries that have applied to be the seat of the border control agency, including Poland, Hungary, Slovakia and Slovenia. There are countries that support us and there are countries that support other applicants.

We think it will be a good thing for Malta and Europe if the agency is based in Malta. When you take into account our geographical area and our know-how, this is right up our street. However, if we do not get it, it does not mean that we won’t get anything else.

Has your role changed since becoming Deputy Prime Minister?

Yes, my role has changed. I am now deputy Prime Minister and deputy leader of the Nationalist Party and this has increased my responsibilities. We had the local councils’ election and we also had the European Parliamentary election as well, so it was a very busy time. I am also Leader of the House and, contrary to what I initially thought, I am actually really enjoying it. We are also considering looking into how effectively Parliament works with the hours we have set for discussion. We could also look into the way question time is carried out.

Do you think Maltese politics is changing?

Politics does seem to be changing and I think joining the European Union has really had a positive effect. People seem to be expecting more dialogue from politicians on different issues. People seem to be looking at the political parties differently and they also seem to be looking at governments differently as well.

I dare to say it – a person who only talks about politics is ill, likewise a country that talks only about politics is also ill. But we must not reduce politics to simple sport. It has its importance and we should retain that importance.

And of course, while parties agree on some things, they are going to disagree on others, that is the nature of politics. We are also seeing back-benchers going against their own parties on some issues. It’s healthy, it shows transparency and democracy – however a minister cannot do that as he is bound to serve the government. That is why you have the Cabinet. We thrash out disagreements in there.

What does Tonio Borg do to relax? Where does he like to spend his holidays?

I love going to Italy and England, the former makes you feel so at home, while the UK has beautiful countryside and the hustle and bustle of London is hard to match. I love going out walking and I enjoy watching football. This morning before work I had my usual 45-minute walk; I enjoy it.

I love driving around in Europe as well, but I must learn to relax a bit more because I plan the holidays down to a tee. Sometimes my family comes back from a holiday more tired than we started out. But I enjoy it. Perhaps I should plan less (smiles).

I also love reading, particularly biographies of politicians, past and present. I have just finished reading the Hilary Clinton biography and now I am reading her husband’s – Bill Clinton.

I very much enjoyed reading Winston Churchill’s biography. I spent many an afternoon in the garden reading it in the summer. However, although mobile phones are a wonderful thing, they are a big intrusion on private life. But being a minister, it is hard to turn it off. I also enjoy going out with my wife occasionally for a romantic dinner, just the two of us.

Thank you minister...

Thank you and you’re very welcome.

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