A Bill regulating the legal profession, which was presented last year, has been scrapped as government is holding discussions with the Chamber of Advocates which will lead to an overhaul of the legislation, sources told The Malta Independent on Sunday.

The Bill, which was set to amend the Code of Organisation and Civil Procedure and the Administration of Justice Act, had been harshly criticised by the Chamber when it was first published in late 2020, with the Chamber saying that the Bill, as presented, had departed from the original draft it had been given earlier and had aimed solely to meet the minimum requirements of the Moneyval report.

Malta was required to report to Moneyval – the Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Funding of Terrorism – after an assessment in 2019 found a number of shortcomings and deficiencies in technical compliance with respect to anti-money laundering measures, transparency of legal entities, supervision and international cooperation. Last May Malta passed the Moneyval assessment, with the country no longer having any “non-compliant” or “partially compliant” ratings.

The Bill, as presented in late 2020, had provided that a lawyer may be disqualified from practising if he/she has seriously, repeatedly or systematically failed to satisfy the obligations of the Prevention of Money Laundering Act or the Prevention of Money Laundering and Funding of Terrorism Regulations.

The law was also aimed to regulate the setting up and operation of law firms and to amend the provisions on the Committee for Advocates and Legal Procurators that acts under the Commission for the Administration of Justice to investigate, enquire into and decide upon any misconduct by any advocate or legal procurator in the exercise of the profession.

At the time, the Chamber had said that it is evident, even by simply reading the objects and reasons of the Bill, that what is driving the changes being proposed by government is not the regulation of the profession in the manner that is most suitable for the profession and its further development as a strong and independent profession, but rather compliance with what it considers to be the minimum possible, to conform to the dictates of the Moneyval report.

Sources speaking with The Malta Independent on Sunday a few days ago said that the Bill, as presented in 2020, had been put aside as the government and the Chamber continue their discussion on the way forward.

The Bill still forms part of Parliament’s agenda, but it is likely that if the discussion continues in this legislature, it will see several changes, if not a complete overhaul. Otherwise, a new Bill will be submitted in the new legislature.

The sources said that last November, the Chamber of Advocates had sent a new draft bill to the Justice Ministry. Subsequently, the ministry got back with its own comments last month, with the Chamber replying soon afterwards.

Up until now there are still certain issues which are being discussed, with the Chamber of Advocates waiting for comments from the ministry’s side.

Replying to comments sent by The Malta Independent on Sunday, the Justice Ministry said it is still discussing the Bill with the Chamber of Advocates.

“Bill 217 is at Committee Stage and discussions remain ongoing. As we’ve explained before we have regular discussions with the Chamber of Advocates on the improvement of any legal instrument regulating the legal profession,” it said.

But the Bill was last discussed in Parliament in June 2021 and since then the two sides have exchanged views on several occasions.

One particular bone of contention is about the requirements of a warrant for lawyers who participate in litigation in court, with government seeking a wider leeway while the Chamber insists on its basic principle that “no person should be able to provide any legal services to any other person for consideration unless that person has been awarded a warrant by the State, which is a confirmation by the State to the public that such person has not only achieved a minimum level of competence in the practice of law, but has been found to be fit and proper to be admitted to the profession; is of good conduct and repute; is part of a regulated profession and will be required on a continuing basis to observe a set of ethical principles in the conduct of his/her profession”.