Attorney General Victoria Buttigieg "has my support, as do all other constitutional bodies", Justice Minister Jonathan Attard told The Malta Independent on Sunday.
The Attorney General has faced many calls for her resignation since being appointed in 2020, including from the Opposition.
"The Opposition's attacks against the Attorney General are unjust," he said, having mentioned "threats" to call a no confidence motion in the AG as an example. " I believe this places undue pressure on the Attorney General, restricting her ability to work freely. I am convinced that regardless of the appeals she continued on with her work, but it is deplorable to have an Opposition that in the most irresponsible way, makes these kinds of manoeuvres or threats."
Regarding whether she should remain in the position, considering that she appears to lack the trust of one of the two major parties in Parliament, the minister said: "If we are going to base the competence or validity of a person on whether or not they have the support of the Opposition, then all the constitutional bodies don't, as in cases when these offices don't support (the Opposition), it attacks them," he said, mentioning the AG and State Advocate as examples. "Are we suggesting that if someone is attacked in the most partisan manner simply because they don't support the Opposition's stance, their position becomes untenable? That is the pressure we don't want in this country."
When it was suggested that the perception arose from certain decisions made by the Attorney General - that she was being lenient toward specific individuals, such as in the Pilatus Bank case where a nolle prosequi was issued - he said: "On the issue of nolle prosequi, this government took a courageous step" and introduced a change. "Compared to what used to happen in the past under PN governments when nolle prosequi were issued frequently at a time when the AG's decision was absolute, the difference with Labour in government is that if the AG issues a nolle prosequi, and public knowledge is that it was issued only in one case, you can challenge it administratively in court. As in fact happened. In the past that right didn't exist."
Resources
Interviewed by The Malta Independent on Sunday, Attard was also asked whether the AG's Office has the experience and resources needed to handle the number and the complexity of the cases coming in. He said it has the necessary resources, highlighting that the AG's Office went from a situation where it only had a few lawyers years ago, to now having 70 lawyers and legal procurators, in addition to 26 administrative staff. Twelve years ago, the offices of the AG and State Advocate, which were one and the same, "might have had 25-30 employees in total. Look at what a leap we've made in human resources".
Minister Attard said that the first collective agreement was also signed in the AG's Office as well as the State's Advocate's Office, which "are important steps to ensure that you attract talented people and also keep them so that they keep gaining experience and specialising". He said that prosecutors within the AG's Office do not cover everything, but are assigned to certain crime areas, such as homicide or white collar crimes. The government also tabled a bill regarding the reorganisation of the AG's Office to introduce more deputy AGs, he said.
"There is more to be done but there has been notable progress."
Tackling the backlog
He was asked how the government will tackle the backlog of court cases, and whether there are any procedural changes on the cards, similar to that which was introduced for the Court of Appeal. The minister said that tackling the backlog and delays are at the centre of the government's work, both in terms of legislative reforms and in terms of increasing resources.
Attard said that the legislative interventions and cooperation of the judiciary on the Court of Appeal changes saw results.
He spoke about moving towards more specialisation, mentioning the government's proposal to establish a Commercial Court. He said that specialisation will not only lead to more effective justice, but also more efficient procedures.
The minister also mentioned the government's intention to move towards having a Family Court that would not remain just a section in another court. He also mentioned the introduction of magistrates specialised on magisterial inquiries.
Regarding criminal court reform proposals, he said consultation over the compilations of evidence process were held. He described the proposed changes as "significant", where the length of time a compilation of evidence must take will be specified.
"But we are also looking to ease the weight on magistrates by introducing other reforms." As an example, the government is looking into increasing the competence of the Small Claims Tribunal, to handle claims of up to €10,000.
Asked about the need for more court space and how the government intends to address the shortage of qualified staff in the courts, the minister said that the government listened to appeals for an increase in judiciary numbers. In the past 12 years the number of members of the judiciary rose by 39%, he said. "Our intention is to continue increasing the number," he said. "At the same time other challenges emerge, including those related to space."
The government was not complacent on the issue of space, he said, adding that over the past years it saw to maximise the space it has at its disposal.
He mentioned the creation of a second hall for jury trials in the main court building as an example, as well as investment in a number of offices for members of the judiciary and their staff. He also mentioned that a process is ongoing to identify more space in Valletta to house inquiring magistrates and their staff.
He highlighted additional projects, including the expansion of the Family Courts with the addition of another court hall, and noted that a building has been identified in Valletta to serve as the new Commercial Court. Regarding staff, the minister said that the number of employees at the courts over the past 12 years rose by 46%.
"Our commitment is to continue to strengthen the number of workers in the courts. The real question is how many workers can be found who are prepared for the justice sector. That is a challenge, not just in the justice sector. In every sector, in the context of a vibrant economy that creates opportunities, it is always hard to attract people." He said that discussions on another collective agreement will soon commence, "that will lead us not only to show we value the workers already in the system, but to attract more workers".
He said that Malta has more than 80 lawyers employed by the courts to assist the courts, and that an agreement reached with the judiciary will lead to even magistrates having court attorneys.
Disciplinary procedures
The minister had previously mentioned that a bill regarding disciplinary procedures and the judiciary is in the works. He told this newsroom that following an appeal by the Chief Justice regarding higher ethical standards by members of the judiciary, a discussion began, in which the association of judges and magistrates gave its contribution. This "led us to reach agreement on a set of principles that will be transposed into constitutional amendments. One hopes that the Opposition will be on board with these amendments as I think it is opportune to continue raising the standards. I, in no way, want to cast a shadow on the judiciary. I show my appreciation at every occasion for the work that they in their majority carry out. But like every other section in the country, there would be a need for these kinds of interventions. I think we should send a message of accountability, higher ethical standards, and above all provide a means by which if a person feels aggrieved by unethical behaviour, they would have means for a remedy".
Asked to specify some of the measures the government will propose, the minister said that the bill will lead to the introduction of a process where people could directly put forward their complaint. Today, a complaint can be filed either by the Chief Justice or by the Justice Minister to the Commission for the Administration of Justice, he said. "I think people should have a way, a structure, with which they can file a complaint," the minister said. It was explained that this would be done through a structure which would fall within the Commission for the Administration of Justice, "which will enhance the reporting and investigation process". The structure, it was explained, will deal with complaints made by members of the public regarding failure to perform duties by members of the judiciary, and alleged breaches of ethics by members of the judiciary.
Another issue raised by the Chief Justice was that people who wield power should carefully weigh their words so as not to sow mistrust in the administration of justice. Asked whether the Prime Minister was out of line with his comments regarding the Vitals inquiry, prior to the MEP elections, the Justice minister said: "No, I don't think so. The Prime Minister was reflecting the responsibility of a prime minister. I also spoke with responsibility on certain situations."
Regarding the question as to how the judiciary are spoken about, "I want to appeal for respect across the board. What bothers me sometimes is the selective way we bring up the subject. When there is a situation of a government exponent, including the Prime Minister, who speaks, there are sections of society that come out and condemn him," he said. "But then there are situations where a member of the judiciary, or more than one, as we had in the past days, is directly attacked and nobody makes a sound," which he said is condemnable. He spoke of the need for consistency when talking about respect.
He said that there is another aspect of respect, shown through enacting reforms, ensuring better working conditions for the judiciary, and considering an increase in the number of members of the judiciary if an appeal is made. "You also show respect with facts. I think the Chief Justice's message during the opening of the forensic year reflected this and showed the sense of cooperation there is between the judiciary, the government and also Parliament."
When it was pointed out that, although the government claims it will not interfere in the work of the police or judiciary, the Prime Minister's statements about a member of the judiciary could be perceived as an attempt to influence the judiciary or undermine trust in it, he was asked whether such rhetoric should be avoided moving forward. "On this aspect we need reflection in this country including regarding certain manoeuvres by certain organisations on members of the judiciary." He said that it is one thing having a situation where a comment is passed which one might interpret as direct, but it is something else altogether having a situation where "certain institutions, not only the judiciary, but even important bodies in the justice sector including the Attorney General, are subjected to deplorable attacks by certain groups, or individuals, associated with them. Isn't that influencing?"
"How much more deplorable is it to have the Opposition Leader who threatens to hold personally responsible, through a judicial protest, the Police commissioner, Attorney General and State Advocate. That is, to my understanding, intimidation. Having an Opposition spokesperson threaten the AG that they will file a no confidence motion in her in Parliament. That is a threat."
"When it comes to the issue of personal threats I think a serious discussion that involves all these elements and that doesn't make a distinction between one sector of justice from another is needed."
White Paper
Regarding the white paper on media reforms, no specific date was given when requested. He detailed the process that the reforms went through having been drawn up by a committee of experts, and that bills had later been tabled.
"We accepted that more consultations take place. In the meantime there was a European discussion on the anti-SLAPP directive. I participated and was very active in the Council of Ministers, where not only did I back what was being proposed, but appealed for a more ambitious legal text. That process was finalised; the directive came into effect and Malta was the first country to transpose that directive into law. Now we can look at a discussion on the other aspects, as the directive was found in the bills that I had tabled in October 2022."
"It is important that the discussion reflects all perspectives. In society there are those who, rightly, in the media say that they need more protection, and I believe the bills offer that greater protection. But there are also those, primarily lawyers in the sector, who ask how adequate the current libel procedure is," asking how adequate the compensation, which is capped at €10,000, is, among other things, echoing a statement he made in a recent forum. He said that a discussion needs to develop as there were people who became victims of those who abuse freedom of expression".
As for a date for the White Paper on the media reform bills, he said that currently there is a consultation on the family court reform. He said that a public consultation shouldn't coincide with another. "At the opportune moment we will have a discussion."