What triggered the Prime Minister's anger and knee-jerk reaction to rush through with what must be the quickest reform to be put in motion in Malta's history was a series of requests for magisterial inquiries to look into the behaviour of some of his ministers.
But what has happened since has shown that, as things stand now, there already exists a tough filter which is used by magistrates to decide whether to proceed with an investigation or to turn down the request. So, really and truly, there was no need for Robert Abela to initiate a process by which the government is weakening the rule of law by making it harder for such requests to be submitted.
Less than one per cent of magisterial inquiries are initiated following an application by a private citizen. Some of these have been instrumental in bringing top people before the courts to answer for their alleged misdeeds. But it is clear that these inquiries have rattled the government which is now intent to offer better protection to potential wrongdoers while diminishing the chances that this less than one per cent of inquiries can even start.
Last Wednesday, Parliament voted on the second reading of the now infamous Bill Number 125. As was to be expected, the government voted in favour, with the Opposition voting against.
Never before has the government been so efficient in coming up with the draft bill which went before the House of Representatives, moving through at break-neck speed. Were it not for the Carnival holidays and that a few sittings were taken up by the chaos that ensued following the drug heist from the Armed Force of Malta compound, the bill would have been rushed through at an even faster pace.
Other important reforms that have been announced in the past have not received the same attention, certainly not the same expedience, which was required. We mention, among others, the idea for a media reform which, years after the conclusion of the Daphne Caruana Galizia public inquiry, is still to see the light of day.
Added to this, Abela himself admitted that the Cabinet discussed and eventually approved advising the President to pardon three students and a lecturer who were accused of ethical hacking - a case that started in 2022 - because the government had not amended laws to reflect today's needs and realities.
In the hacking case, three years were not enough for the government to make a move to amend the relevant laws; on magisterial inquiries, the government acted like Usain Bolt when he broke the 100-metre sprint record.
As things are, the government has rushed to change a law to protect ministers and anyone close to them, but has put aside any changes that would serve to offer better protection to journalists doing their duty, or to halt proceedings against those students and lecturer. Two years ago Abela also promised to halt construction permits until all appeals are exhausted, but we're still waiting for that, too.
The government, in truly authoritarian style, has refused any talk of public consultation on the magisterial inquiry reform. The Nationalist Party, the smaller parties, the best legal minds of the country as well as a number of NGOS and civil society groups have all spoken against the reform, but the government has brushed everyone aside, thinking it knows best, and used its power in Parliament to bulldoze its way through.
Every now and then, the government boasts about how much it listens to what the people have to say, establishing public consultation exercises on matters which are important, but not as important as the magisterial reform it has planned. On this aspect, the government - Abela in particular - wants to make sure that all boxes are ticked as fast as possible to limit the possibility that requests for magisterial inquiries are filed.
Yet, these past few days showed that there was no need for such a reform given that magistrates, after due consideration, already have the faculty to reject requests.
Three of the requests that had been submitted by lawyer Jason Azzopardi over the Christmas period - which had activated the Prime Minister's rush to amend the system - were all shot down. The requests, with Gozo and Planning Minister Clint Camilleri as the focal point, had been filed for investigations into mooring berths in Mgarr Harbour, a road in Nadur and the long-delayed Gozo swimming pool complex. Previously, another request by Azzopardi regarding Economy Minister Silvio Schembri had also been rejected.
In a way, these rejections have proved how wrong the Prime Minister is in seeking to change the law so quickly and raises even more misgivings as to what his real intentions are. That he and his government have steadfastly refused any call for a public discussion makes it quite clear how much he fears what these magisterial inquiries could uncover.
As the ones about the three hospitals and 17 Black did.