The rights of every person who may be involved in the legal process related to magisterial inquiries are to be strengthened through the legal amendments proposed by the government, Justice Minister Jonathan Attard remarked on Friday during a meeting with the Maltese Council for Economic and Social Development.

In a meeting with the MCESD, Minister Attard and Parliamentary Secretary for Social Dialogue Andy Ellul discussed the reform on magisterial inquiries put forward by the government which is set to be discussed in parliament on Tuesday 11th February.

The reform has come under heavy criticism by the Nationalist Party, NGOs and civil society, who see it as a way for the government to limit the possibility of inquiries being launched.

The Ministry for Justice stated that Attard gave a detailed presentation off the reform, as it continued that the reform will not deny any access to justice as no right of any citizen will be overshadowed. It added that the change will be looking at various aspects in the process by introducing safeguards which protect the rights of citizens, increasing accountability in the process, and giving new statutory rights to victims and their relatives, "and even lifting the process for a Judge who presides over a Criminal Court in relation to requests for inquiries from a private citizen".

Attard remarked that, among others, the reform will crystallise the role of the magistrate and the role of experts in the inquiry process to ensure that the process is not hampered by doubts when it proceeds to the subsequent stages.

The Ministry added that new rights will be introduced for victims or relatives, "primarily by having the right to be informed of certain information as far as it is legally sustainable about the progress of the inquiry, as well as being given free copies of the verbal process".

"In a country where the rule of law reigns we must make sure that everyone is accountable for their actions before justice, but at the same time there must be the necessary safeguards to avoid there being people or companies who end up being victims of those who abuse the legal system for purposes that go beyond justice," Attard commented.

The Ministry stated that Attard went on to remark that a request for a magisterial inquiry at the initiative of a private citizen should not be used as a tool to persecute anyone, including commercial entities, as this could lead to economic repercussions.

He said that this reform is built on various recommendations which have been made over the years by local and international commissions, and he continued that the government will be entering the parliamentary debate with the approach that proposals based on goodwill and a sense of justice can lead to the bill continuing to be strengthened.

Parliamentary Secretary Ellul commented that this reform will ensure appropriate justice while reducing abuse. He said that justice should always be carried out within parameters of legal certainty to ensure that no unjust suffering is created for any citizen.

Ellul remarked that the proposed amendments will ensure that inquiries are carried out fairly and with full accountability. "With this reform, we are seeing that not only is justice done, but that it is done in the fairest and most serious way. That's what the right administration of justice demands and that's what good governance demands."

Laws Commissioner Judge Emeritus Antonio Mizzi spoke of how the need for this reform has been signalled by the courts as well as several reports, including by the Laws Commission.