It was mutually agreed on Monday by both sides of the House to temporarily sideline the Budgetary Measures Implementation Bill, so as to discuss the Various Laws Amendment Bill regarding criminal matters.
Justice and Home Affairs Minister Tonio Borg explained how the bill would amend the Criminal Code, the Prevention of Money Laundering Act, the Dangerous Drugs Ordinance and the Medical and Kindred Professions Ordinance. This, he said, is being done to implement certain decisions undertaken by the European Council, as well as the Mutual Legal Assistance between EU Member States Convention.
Upon undertaking these amendments, the Laws of Malta will become adherent to an EU Framework Decision regarding the abuse and sexual abuse of minors, as well as the ‘Optional Protocol’ regarding the UN Convention on Child Sale, Prostitution and Pornography. The amendments to the Prevention of Money Laundering Act will see adoption of the European Council Convention on money laundering vis-à-vis terrorism.
Dr Borg explained that it is already illegal to possess child pornography, but this bill is aimed at strengthening the existing law. Inducing under-aged people to prostitution and pornography would become a crime punishable by jail. The punishment would be more severe if the victim’s life was put in danger, or if the offence involved violence.
It would also be a crime to record, possess, import, distribute, transmit or show child pornography.
The Criminal Code was also being amended to allow for the seizure of property, which was the fruit of criminal activity.
MLP’s main spokesperson for home affairs Gavin Gulia said that the amendments being proposed are specifically there, so as to prevent people from making money from the advancement in technology. He said that the opposition will be voting in favour of this bill although there were other changes that it would have liked to see included.
Dr Gulia suggested that a public list/register of sexual offenders should be the next step forward. People who commit sexual crimes are likely to repeat the crime, he said.
As for seizure of property that was associated with a criminal offence, the MLP spokesperson asked what was meant by “the court, based on specific facts, being fully convinced that the property is derived from a criminal activity etc…” He also queried the Minister as to the methodology that needs to be used in the determination of the provision.
Dr Gulia also had questions about the unjust inclusion, or otherwise, of the “double criminality” principle in the provision relating to relapsers.
Breach of privilege
complaint
Labour whip Joe Mizzi, on Monday filed a breach of privilege complaint against In-Nazzjon and maltaright now. com, over the way the parliamentary sitting held last Wednesday was reported. The sitting was adjourned because no quorum was reached. The Speaker said he would give a ruling at a later date.
Technical error
Due to a technical error, the parliamentary report that was carried yesterday was not of Monday’s sitting, but of a sitting held in November last year. The error is regretted.