Amendments to the Administrative Justice Bill were discussed in Parliament on Tuesday, including the setting up of the Tribunals of Administrative Justice.

Parliamentary Secretary in the Justice and Home Affairs Ministry Carmelo Mifsud Bonnici stated that more discussion and amendments would be needed before making this bill an official law.

Labour MP Anglu Farrugia spoke about the composition of the members of the Tribunals of Administrative Justice. He stated that such members should constitute an independent body, that would be neutral when dealing with cases of justice.

Dr Mifsud Bonnici described the set-up of the various tribunals. He stated that these would be divided into clusters according to the specialised sectors, for instance those of agriculture, income tax or VAT.

Dr Mifsud Bonnici stated that the court hearings of such a nature would not only be heard in the Law Courts of Malta but also that of Gozo. He also stated that should a new building to house the Law Courts be built in Gozo, these hearings would be heard in this venue. Comments were passed about the fact that the court house in Gozo appears to be inaccessible for many, especially those with physical mobility problems.

Dr Farrugia asked about the tariffs which people would be expected to pay when filing a court application. He argued that it is imperative to specify a nominal fee in order for this to be standard and fair for all. He also stated that there should also be a nominal fee stated for the filing of an appeal case and for the appointment of a lawyer. Dr Farrugia insisted on this issue, in order to avoid any type of abuse.

Dr Mifsud Bonnici agreed with this matter as this would enable clients to be aware from the start of the fees which they would be expected to pay.

A discussion ensued with regard to the function and responsibilities of those lawyers working in the legal aid service. Dr Farrugia emphasised that there are many problems with this service. He stated that although it is means-tested to help those who are financially unable to pay for private legal representation, the system still does not work to their benefit.

He continued to argue that the service is not an accessible or efficient one. He stated that people who make use of this service are not receiving good quality lawyers, who are willing to do their utmost to help their clients. He mentioned that legal aid should be of the optimum standard, because at present results are not being reaped.

He also mentioned that some of those people who are unable to afford legal representation choose not to continue with the court case for financial reasons. Dr Farrugia also insisted that it is a person’s fundamental right to be provided with the best legal service, even if such a person does not afford private representation. He also said that whenever a lawyer in legal aid does not carry out his or her job in an efficient manner, they would be putting down their own profession. Labour MP Jose Herrera agreed with Dr Farrugia’s intervention.

Dr Mifsud Bonnici stated that although there was some truth in what Dr Farrugia stated, there are many lawyers who work in legal aid who do provide a very efficient service.