The Bill entitled an “Act to amend various laws relating to civil matters” was yesterday debated in the House of Representatives. Deputy Prime Minister Tonio Borg initiated the debate by saying that the Bill will amend the Civil Code, the Code of Organisation and Civil Procedure, the Notarial Profession and Notarial Archives Act, the Marriage Act and the Identity Card Act.

The first amendment that was discussed concerned the action for disavowal (known as denegata paternità). The action for disavowal is that action available to the husband in which he can repudiate a child as being his own. In order to be in line with recent case law, the legislator is proposing to enable the filing of an action for disavowal after the time limit provided in the Civil Code – six months – in cases where the court, after considering the rights of the father and of the child, considers it appropriate to authorise the filing of such an action. The amendments are also clarifying the issue regarding the surname to be approved for some natural children.

In order to address the conflicting interpretations of the Social Security Act and the Code of Organisation and Civil Procedure, as to whether social benefits are exempt or not from the issuing of garnishee orders, the amendments are laying out expressly that a garnishee order cannot be issued upon social benefits. However, in the Committee Stage, Opposition Justice Spokesperson Anglu Farrugia asked whether, for instance, a pension of say e1,200 can be garnisheed. After examining the issue, Parliamentary Secretary in the Ministry for Justice and Home Affairs Carmelo Mifsud Bonnici said that any amount beyond the e700 established by law may be garnisheed.

The Notarial Profession and Notarial Archives Act is being amended to the effect that the omission of the declaration “Notary Public of Malta” at the foot of the public deed immediately after the Notary's signature, shall not invalidate the act.

This amendment is being proposed, Dr Borg said, to address the embarrassing situation where public deeds should be invalidated because the Notary, for some reason, forgot or omitted to declare his/her capacity as a Notary Public of Malta at the foot of the public deed. As the law stands, Dr Borg said, such an omission could not have been recitified if, for example, the Notary had been suspended from exercising his profession.

Another technical amendment to the Notarial Profession and Notarial Archives Act is providing for the substitution of the words “Notary Public in the Lands Department and Notary Public with the Joint Office” with the words “and Notary Public in the Government Property Division”. Such an amendment is reflecting the restructuring of these government departments.

The Bill is also authorising the conclusion of civil marriages in international waters on board passenger vessels registered in Malta. Up till today, civil marriages could only take place on land and by officials authorised by the Marriage Registrar. However, through this amendment to the Marriage Act, the master of a passenger vessel shall in such circumstances perform the functions of the Marriage Registrar.

The identity card can now be used as a travel document. In order to curb abuses, an amendment to the Identity Card Act is contemplating that in “certain specific cases”, the holder of an identity card is prohibited from using such card as a travel document. The “specific cases” being proposed in the Bill are:

• When there is a court order or an order by a tribunal established by law, prohibiting the holder from leaving these Islands without requesting authorisation of such court or tribunal,

• When the holder of the identity card has accepted to be released on bail under a condition not to leave Malta without the authorisation of any court or tribunal,

• When the holder of the card has been released from detention under a “police bail” under the condition not to leave Malta without the authorisation of the investigating officer.

Dr Anglu Farrugia remarked that the opposition does not find any problem in approving the amendments being proposed. He said that most of these amendments crop up from situations which the legislator never contemplated before. For instance, the judgement in the European Court of Justice of Mizzi vs. Malta, relating to issues of succession, has been the leading factor to propose the amendments to the Civil Code relating to the action for disavowal. As to the amendment to the Marriage Act, Dr Farrugia said that the functions of the master of a passenger vessel have now been widened through these amendments.

In his winding up speech, Dr Carmelo Mifsud Bonnici said that the amendments being proposed have been the fruit of lots of discussion. Dr Mifsud Bonnici remarked that laws are an important instrument in bringing about social reforms.

The Bill was then given a second reading and sent to Committee Stage. The House of Representatives was then transformed for the Committee Stage and each of the amendments being proposed was discussed and voted upon.

The debate in the House of Representatives was set in motion by a minute of silence commemorating Sunday’s Holocaust Memorial Day.