The Government is trying to impede and remove a citizen’s right to a fair hearing by amending laws which enable persons of trust to impose a fine, the PN said in a press conference.

“This new law that they are trying to introduce – by bypassing parliament – states that people holding administrative positions within the government – who are Persons of Trust – can slap someone with fines that are considered a criminal sanction by authorities. Such persons may be appointed directly by the Prime Minister and Ministers,” the PN said.

“The Constitutional Court of our country has already stated on several occasions that fines which are large – and therefore regarded as a criminal punishment – may be given only by a court presided over by a Judge or Magistrate and with the safeguard of the right to a fair hearing throughout the procedure.”

The PN remarked that this is the second time that the Government has attempted to introduce this law. The first time was when Minister for Justice Edward Zammit Lewis proposed legal draft 166 in parliament, the PN said, which the PN turned down.

Now, the Government has published another legal draft – legal draft 198. “This is an ordinary law that regulates how the laws of our country should be applied and interpreted and about the language used in them. With this latest bill, the Government wants to change the Constitution in the same way that it wanted to replace it with the first draft bill that it tabled in October 2020 but could not pass-through Parliament because it requires the vote of two-thirds of the Members of Parliament in its favour,” the Opposition remarked.

“The Government also wants these changes to apply retroactively, which means to cases that have already occurred, to procedures that have already been initiated, and to those of the future.”

The Opposition said that it strongly believes that this bill violates the Constitution of Malta and that “the Government is trying to amend the Constitution without the vote of two-thirds of the Members Parliamentarians as the Constitution itself says.”

“The Opposition takes into account the behaviour of the Government and particularly that of Minister Edward Zammit Lewis as scandalous, irresponsible and anti-democratic,” the PN said.