The law courts in Valletta; a big imposing building on the outside, while on the inside bailiffs bark out people’s names in crowded corridors, in which people meet, discuss and argue.

This kind of law courts certainly does not go down well with Parliamentary Secretary Carmelo Mifsud Bonnici, as he seems keen on bringing in more order in the place which, in turn, should guarantee the country more order too.

The court’s entrance has been given a security boost with the installation of X-ray machines and more officers at the entrance.

“I have been accused of turning the law courts’ entrance into a hotel’s lobby by placing a big glass partition just behind the front door and adding more security at the entrance. You would be amazed with the things people try to take with them in courts, things that could pose a serious threat to other people. And, besides, now we are no longer ashamed of inviting over foreign judiciaries.”

Dr Mifsud Bonnici said that by the end of this year, the courts will have a reception area which will help out all those who do not know their way around the courts. “Currently, the future receptionists are undergoing training by working in different departments in the courts, in order to better acquaint themselves with the system.”

This new service will complement the one-stop-shop system that has been in place since October last year. The parliamentary secretary said this system has been successful in helping people get the service they want without queuing and wasting a day at the courts. According to Dr Mifsud Bonnici the courts’ one-stop-shop gives a service to around 300 people a month.

The parliamentary secretary envisages a system that, one day, will curb the noise and disorder at the law courts. Basically, the system aims at preventing plaintiffs, defendants and witnesses to come into contact before entering the courts. This would entail a waiting room where witnesses are given a number and wait for their turn, “the same system used at cheese counters in stores”, he described. “In this way, we avoid people’s names being shouted about in court and thus preserve their privacy.”

However, such changes, as well as legal and administrative changes, need to be accompanied by a change in mentality. “The problem is that my grandfather would not find it difficult to work in court today as the mentality and the way the court works has not changed a great deal.” Dr Mifsud Bonnici’s homonymous grand father died in 1948.

“This is why certain changes are difficult to implement, because those who work in court have to learn new things and maybe change their modus operandi.” This is also true, he said, to the fact that in the past 20 years, the country’s economy increased at a huge rate while the courts lagged behind.

The parliamentary secretary said that after 20 years of service in the law courts, he can see things in the right perspective. “Take lawyers for example,” he said. “Their day is crammed with appointments and hearings and they do not have enough time to absorb change. That is why I believe that the full extent of reforms and changes in court have to be given time to really seep in and start being put into practice.”

The three steps leading to reform, according to Dr Mifsud Bonnici, are the setting up of specialised tribunals, simplifying procedures thus cutting the red tape, and providing alternative dispute resolutions.

Specialised tribunals concentrate cases of a certain nature into one partition, thus separating that load from the mainstream work of the judiciary. This aspect can be wholly understood after one realises that a third of the courts’ business is related to the family, another third regarding property and succession and the remainder is commerce-related as well as constitutional.

Thus the introduction of various courts, such as the Family Court, has increased the courts’ efficiency. There have been 18,600 new cases presented between January 2004 and August this year, 21,005 sentences issued and a resulting backlog of 10,868. This in turn translates into a 25 per cent reduction pending cases.

The streamlining exercise has positively hit small and medium enterprises, said Dr Mifsud Bonnici. These include the introduction of an injunction (known in legalistic jargon as an executive judicial letter). This new mechanism has been implemented on a two-tiered system. The letter can now be presented upon default of a payment on a bill of exchange. The letter gains executive title two days after the debtor receives it, resulting in cheaper legal expenses.

Dr Mifsud Bonnici said around 3,000 rulings used to be issued every year on such issues.

The other mechanism allows for creditors to present a judicial letter and make a declaration under oath. The letter can be registered as executive on default of payment after if it is not contested within 30 days.

These mechanisms, said Dr Mifsud Bonnici, have drastically reduced cases in court and the business community has been given a reduction in legal expenses as well as an established time frame. He revealed that he was not sure whether this scheme will be popular. However since its implementation in August 2005 it has been used by over 8,000 people in Malta and 450 in Gozo.

SMEs, said Dr Mifsud Bonnici, will also benefit from a new system of life insurance and mortgage, whereby entrepreneurs can mortgage their machinery instead of mortgaging immediately their homes while their life insurance policy can provide compensation if an employee leaves or dies. That same employee can also be insured against the death of his employer.

Legal reforms were also made in the maritime sector. “Malta had a jurisdiction clause that went back to 1860. We have now widened our jurisdiction so sale by auction and other services can be provided in Malta, thus increasing the boosting of the maritime sector,” he said.

“We did not only target businesses in our reforms, we also took into consideration social issues.”

The parliamentary secretary also went through amendments that allow widowed people a grant of Lm2,500 in the case their assets are frozen on the demise of their loved ones.

In 2003, he said, the government removed the distinction between illegitimate and legitimate children and has revised birth certificates retroactively in order to remove the negative comments regarding the mother.

Dr Mifsud Bonnici is also particularly proud of the work that has been carried out in the law courts in Gozo. “Until last year, Gozo had only one resident magistrate, Paul Coppini. After assessing the situation we decided to introduce another magistrate, so in January, instead of just replacing the two retiring magistrates, a third one, Magistrate Anthony Ellul was appointed just for Gozo.”

In this configuration, the number of cases decided in the first hall of the civil court in Gozo in the first seven months of this year has increased by 40 per cent. This means a marked decrease in pending cases as compared to previous years. Dr Mifsud Bonnici said this improvement came about thanks to the diligence of both magistrates as well as the cooperation of the Chief Justice and all involved.

Dr Mifsud Bonnici speaks about the law with a certain passion, as only one who has been reared in a family of law practitioners and lecturers can.

“You know, the law is beautiful; everything is logical and well-explained, however, people perceive it as a riddle. Besides, the only ones who really take notice of changes and reforms are those who come into contact with the law courts. Those who never had anything to do with the courts would not care less, as I often note during house visits.”

Naturally, disregarding court orders is certainly on his black books. If courts are flouted, the system will be discredited, he said. “This is why we cannot permit bail conditions to be ignored. Nowadays bail orders are enforced and if anyone is caught breaking them the court may decide to remove them. We simply cannot tolerate anarchy as court orders, right or wrong, have to be strictly adhered to.”