Parliament on Tuesday discussed a Bill reforming the Conduct Certificate Act, where government is proposing reducing the amount of time a conviction shows on a person's conduct certificate for a number of crimes.

Parliament was told that the reform does not change the criminal record system, and that legislation will maintain the principle that serious crimes are never removed from the certificate.

The Bill also proposes the introduction of a supplementary 'rehabilitation certificate' in addition to the conduct certificate, which ex-convicts can request and present to potential employers. Regarding the rehabilitation certificate, it will introduce the possibility for individuals who have served a prison sentence to request this supplementary certificate detailing the rehabilitation programmes they have followed, whether at the Corradino Correctional Facility or through NGOs like Caritas, the Rise Foundation, or Mid-Dlam Għad-Dawl.

Parliamentary Secretary for Reforms and Equality presented the second reading of the bill which gives a "second chance" to those who deserve it. "This reform will not undermine or diminish the importance of the conduct certificate, which has become a prerequisite for starting any job, whether in the public or private sector," Buttigieg said.

Buttigieg said that the reform encourages convicted individuals to understand that they can start a new chapter after serving their respective sentences. The rehabilitation certificate incentivizes inmates to participate in rehabilitation programmes and engage in training or work opportunities offered by the correctional services agency to those who demonstrate a genuine willingness to participate. "This is the most effective way to achieve not only the rehabilitation of prisoners but also the reparative justice emphasized by law," Buttigieg said.

The rehabilitation certificate, which this law will allow, stems from a public consultation government conducted regarding this reform, she said. Buttigieg said that this certificate will not replace the conduct certificate but will serve as a supplementary document. Individuals will be able to present this along with the conduct certificate as credible proof of their commitment, to rectify their past mistakes, Buttigieg said. She added that the Bill will create structures which give the highest integrity to this certificate, making it a credible document. Buttigieg said that the rehabilitation certificate will not be issued automatically and will only be granted if the person nearing the end of their sentence requests it.

"It will be issued following a thorough evaluation by a competent board, which may appoint subcommittees comprising of social workers, educational program coordinators, psychologists, and NGO representatives who are directly involved with the individual serving their sentence," Buttigieg said.

She said the proposed law makes it clear that the rehabilitation certificate must be objective and include any disciplinary actions taken against the person while serving their sentence, as well as detailed information about the programmes completed. Buttigieg appealed to employers to consider this certificate alongside the conduct certificate, thus giving deserving individuals a second chance.

"This reform also aims to shorten the time crimes remain recorded on conduct certificates," Buttigieg said, clarifying that the reform does not change the criminal record system.

She said that every crime, whether minor or serious, will remain recorded in the criminal record, which reflects the court's sentencing history for each person.

The new legislation will maintain the principle that serious crimes are never removed from the conduct certificate, however, for other offenses, if qualified, the waiting time for removal will be significantly reduced, Buttigieg said.

She said that Malta has a high rate of recidivism, and the conduct certificate could be contributing to this problem.

Government is proposing that for sentences of under six months, the offense will be removed from the conduct certificate three months after their sentence is served, instead of the current one year.

For sentences of under one year, the offense would be removed after six months of completion of a prison sentence, instead of the current one year.

Offenses will be removed after two years of completion of a prison sentence, for sentences of one to five years, instead of the current three years, Buttigieg said.

For sentences of five to 10 years, offenses will be removed from the conduct certificate three years after completion of a sentence, instead of the current five years.

Buttigieg said that for sentences of over 10 years, the offense will be removed from the conduct certificate five years after the sentence is served, instead of the current 10 years.

For fines, the offense is removed from the conduct certificate once it is fully paid.

Additionally, offenses, such as simple drug possession for personal use, will no longer be recorded on the conduct certificate, Buttigieg said. Those convicted before depenalization can request removal of their offense from their record.

Buttigieg said that this reform addresses unnecessary obstacles created by the conduct certificate system, and ensures a just and forgiving society that provides genuine opportunities for rehabilitation and reintegration.

The law followed a consultation in the lives of various individuals facing difficulties in finding employment despite having successfully completed rehabilitation programs, Buttigieg said.

She said that the list of serious offenses that will remain on the conduct certificate is long, including when one is found to be a repeat offender for serious crimes such as drug trafficking.

Buttigieg said that the list includes serious acts of domestic and gender-based violence for which a prison sentence of more than three years has been given.

She said, however, it will be left up to the discretion of the court to order whether its sentence should remain recorded on the conduct certificate of the convicted person.

Buttigieg said the bill proposes an amendment for public authorities to promote rehabilitation processes and programmes, and to reasonably take into account individuals who, although they served prison sentences, have completed rehabilitation programmes and have a certificate to show for it.

She said that during consultation, there were situations of individuals who completed courses to obtain a security guard license but were never granted the license because of their conduct.

Others weren't given a chance to open a bank account, while several could not even get a license to become a delivery person, she said.

"A person who made a mistake once does not mean they will always make mistakes. We understand that there are certain jobs and circumstances that require a completely clean conduct certificate, but these should be the exceptions and not the rule," Buttigieg said.

Government is also proposing the establishment of a Licensing Powers Board, with the authority to hear complaints about exclusions or restrictions made by any public authority regarding the issuance of any license or permit to a person convicted of a criminal sentence because of that conviction.

This board will have the power to make general or specific recommendations to the public authority on these aspects.

Buttigieg said that the board can also act on its own initiative to examine any exclusions or restrictions in licensing that apply to individuals convicted of a criminal sentence and report on them to the Minister.

The bill proposes that this board shall be appointed by the Minister and chaired by a Chairperson with at least five years of work experience in areas related to the criminal justice system or correctional facilities.

The board is proposed to include two members nominated by the Minister responsible for justice, two members from the public service nominated by the Principal Permanent Secretary, two members appointed after consultation with NGOs active in the field of rehabilitation of individuals convicted of a criminal sentence, and two members appointed after consultation with organizations representing employers and workers respectively.

In his speech, PN MP Karol Aquilina said the PN will not be voting against the proposed bill, but will be making a number of suggestions.

He recommended to have the prison director as obliged to inform the individual who is nearing the end of their sentence that they have this right to request for this supplementary rehabilitation certificate, so that the individual does not miss the deadline because he was not informed.

Aquilina said that it would also be ideal for the Minister to consult with NGOs in this sector on the appointment of the Board Chairperson, for a transparent process ensuring trust in the individual.

The bill was approved unanimously in Parliament.