A law that will see the introduction of a new Standards Commissioner for the Judiciary was approved by Parliament on Monday after the government pushed through a legal amendment that allowed select clauses of a Constitutional bill to be approved via a simple majority.

Monday was a busy voting day for MPs, with the government first putting forward a procedural motion – Motion 379 – that aimed to regularise a new legislative practice in which proposed Constitutional Bills that contain a mix of clauses, some requiring a two-thirds majority and others a simple majority, would be voted on clause by clause.

Under current practice, such bills require a two-thirds majority in their entirety, which can block their enactment even if some clauses are uncontroversial.

Justice Minister Jonathan Attard had defended the procedural motion as “the only solution” for important reforms to go through if the Opposition continues to “hold the country back.”

However, the Opposition, particularly PN justice spokesperson Karol Aquilina described the government’s approach as an attempt to “bend the rules of the Constitution” to get its way “at all costs.”

The government, as expected, succeeded in pushing the procedural motion through with 41 votes in favour, and 31 against.

Despite this motion being passed, during the clause-by-clause voting, only three out of 13 clauses within the government’s Constitutional amendment bill passed via simple majority, those being Clause 1, Clause 9 and Clause 11. All the other Clauses in the bill did not pass due to requiring a two-thirds majority, that of 53 members voting in favour.

In a statement, the Justice Ministry said that it was satisfied that amendments that would ensure the introduction of a Commissioner for Judicial Standards had been among those approved.

“For the first time, citizens will be able to submit complaints directly to the Commissioner in writing, rather than solely through the Chief Justice or the Minister for Justice, as was previously the case. The Commissioner will be appointed by the Commission for the Administration of Justice for a term of three years,” the ministry said.

 It said that the Commissioner shall receive written concerns from the Chief Justice, the Minister, or the public regarding members of the judiciary, investigate complaints in camera, hear all parties involved, and gather information.

The Commissioner will then report in writing to the Chief Justice and the Minister, with a copy to the judge under investigation, to determine whether there is sufficient evidence to initiate disciplinary proceedings. 

If the case is referred to the Committee for Judges and Magistrates, the Commissioner may act as prosecutor on behalf of the complainant. Ultimately, after the Commissioner has investigated the case, it is the Committee for Judges and Magistrates within the Commission for the Administration of Justice that delivers its judgment independently and impartially.

“This reform will result in more direct access for the public to the disciplinary process, greater accountability within the judiciary, and a more structured and efficient response to judicial misconduct,” the ministry said.

The bill, containing constitutional amendments, also included other significant changes, such as the extension and increase of the judiciary’s retirement age, the introduction of Constitutional Court sections, the strengthening of the appointment process of the Chief Justice based on recommendations from the European Commission, and the addressing of legal lacunas that could lead to impasse in the eventual appointment of an Auditor General.

These amendments received the Government’s votes in favour, while the Opposition voted against, and therefore did not pass due to not achieving the required two-thirds majority in the House of Representatives.

PN MP Carmelo Mifsud Bonnici, on behalf of the PN, said that the PN is in favour of a constitutional reform, but must be done after a wide public consultation with participation by all stakeholders and civil society, and amendments to the constitution must not be done sporadically, but rather part of a comprehensive process led by the President of Malta with the participation of committee members of the constitutional reform.

Mifsud Bonnici said that government decided to ignore all this, and pushed on with the Bill despite there being disagreement with the Opposition.

He continued that furthermore, government decided to change the system in its favour by introducing a motion which changes the system, requiring only a simple majority instead of a two-thirds majority while voting on a clause-by-clause basis.

Therefore, Mifsud Bonnici said that the Opposition will be voting against all clauses, and will be considering the Bill in its entirety, as one needing a two-thirds majority vote to pass.

The clause-by-clause votes then commenced, some needing a simple majority of 41 votes in favour to pass, while others needed a two-thirds majority of 53 votes to pass, according to the motion Parliament passed earlier in the session.

PL, PN butt heads over parliamentary vote

The PL and PN, perhaps expectedly, butted heads over their respective votes in Parliament.

The PL said in a statement that the PN was “depriving people of more constitutional rights” with what its “extreme position.”

“With an extreme position taken by the Nationalist Party, it will not be possible even to create further sections within the Constitutional Court, to increase efficiency in cases dealing with the fundamental rights of the individual,” the PL said.

“Faced with the complacency and confusion of the Nationalist Party, a Labour Government will continue to push forward reforms that strengthen the rule of law in our country and give more power and rights to the citizen,” the party said.

“A Labour Government will continue to carry out unprecedented reforms and ensure that the will of the majority is respected and will not allow the Oposition to hold Parliament hostage to continued bold reforms,” it added.

The PN meanwhile said that the constitution “belongs to the Maltese people, not to Robert Abela and his government.”

“The PN strongly condemns the Labour Government’s attempt to change Malta’s Constitution by twisting the rules to suit its own agenda, without any consultation with the public. This was evident when it unilaterally changed the rules of Parliament to allow for Constitutional amendments by a simple majority, when it is well known that such changes require a two-thirds majority vote by Members of Parliament,”  the PN said.

“The vote taken today in Parliament is an insult to basic democratic principles and an unprecedented act of institutional arrogance by Robert Abela and his Government. The Constitution is the supreme law of our country and belongs to all the Maltese people, not just to Robert Abela’s Government,” the party said.

It said that it supports “a comprehensive reform of Malta’s Constitution, not piecemeal changes, and firmly believes that any amendment to the Constitution must be made only following an open, transparent, and inclusive process with the full participation not only of political parties, but of civil society as a whole and individual citizens.”

“This act constitutes a direct threat to the rule of law in our country and sets a dangerous precedent where a government could wake up one day and alter fundamental laws to suit its own political convenience,” the party said.

“The PN has long been calling for constitutional reform, but the Government’s underhanded manoeuvres serve only one purpose – to give itself supreme power to amend any law as it pleases. The interest of the people is not on the Government’s agenda,” it added.

“When the Constitution starts being dismantled in this manner, the rights of citizens begin to be eroded gradually. The Constitution is not the property of the Government – it is an instrument meant to safeguard all the Maltese and Gozitan people. The PN will remain at the forefront to protect it,” it said.