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MALTATODAY 2 April 2023

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4 maltatoday | SUNDAY • 2 APRIL 2023 NEWS MP who championed party financing law denounces lack of enforcement Court Services Agency Agenzija ghas-Servizzi tal-Qrati courts.gov.mt CAREER OPPORTUNITIES COURT CLERKS JobsPlus Permit No. 337/2021 Prospective candidates must have an 'O' Level standard of education and must be in possession of ECDL/ICDL passes in modules 2, 3 and 4. The salary for the post of Court Clerk is pegged to the Court Services Agency Grade 7. At 2023 rates, this is equivalent to €14,802 per annum, rising by annual increments of €350 up to a maximum of €17,952. Newly engaged Court Clerks start from Step 3 of this Grade, i.e. €15,502 per annum. This full-time post is on an indefinite basis and is subject to a six-month probationary period. Applications will be received till Friday 14th April 2023 at 14:00 hrs. Candidates must also be proficient in the Maltese and English Languages. Further information and a comprehensive Job Description may be obtained by contacting the Court Services Agency on recruitment.courts@courtservices.mt. Candidates should submit their letter of application, their qualifications and experience in a Europass Curriculum Vitae Format, a copy of their relevant scanned certificates and a valid Police Conduct Certificate by e-mail on recruitment.courts@courtservices.mt. JUDICIAL DRIVER JobsPlus Permit No. 389/2021 Prospective candidates must be in possession of a valid Category B driving licence. The post of Judicial Driver is pegged to the Court Services Agency Grade 7. At 2023 rates, this is €14,802 per annum, rising by annual increments of €350 up to a maximum of €17,952. A Judicial Driver benefit from a non-pensionable all-inclusive allowance of €4,900 per annum. COURT MESSENGER – GOZO COURTS JobsPlus Permit No. 518/2021 Prospective candidates must be in possession of a School Leaving Certificate. A Court Messenger whose place of work is the Gozo Courts (CSA-Gozo) may be required to perform duties at the Malta Courts (CSA-Malta). The post of Court Messenger is pegged to the Court Services Agency Grade 7. At 2023 rates, this is €14,802 per annum, rising by annual increments of €350 up to a maximum of €17,952. These full-time posts are on an indefinite basis and are subject to a probationary period of six months. Candidates for both posts must also be proficient in the Maltese and English Languages. Further information a comprehensive Job Description may be obtained by contacting the Court Services recruitment.courts@courtservices.mt. Candidates should submit their letter of application, their qualifications and experience in a Europass Vitae Format, a copy of their relevant scanned certificates and a valid Police Conduct Certificate recruitment.courts@courtservices.mt. Applications will be received till Thursday 9th February 2023 at 14:00 hrs. Former MP Franco Debono opens fire on the lack of political will to amend the political party financing law rendered unenforceable by a court sentence more than four years ago. James Debono reports. MALTA currently lacks an ef- fective mechanism to enforce the political party financing law and politicians appear comfort- able with the situation. The law obliges political par- ties to publish annual accounts and reveal the sources of do- nations above €7,000. It also envisages fines and sanctions against incorrect reporting to the Electoral Commission. But with the Electoral Com- mission rendered toothless by a court decision more than four years ago there is no one to en- force the legal provisions. This situation is described by former Nationalist MP Fran- co Debono as akin "to having a criminal law without the police to enforce it". Debono had presented the first comprehensive Bill on the subject in 2012 and the current legislation, approved in 2014, is based on his proposal. The law had vested the Elec- toral Commission with the power to investigate and sanc- tion offenders. But this power was neutered by a decision of the Constitu- tional Court in October 2018. The court upheld an appeal by the Nationalist Party that stopped the Electoral Commis- sion from investigating, judging and enforcing any sanctions over suspected irregularities in donations by the db Group to the PN. In its decision the court con- cluded that while the Elector- al Commission's investigative powers did not breach the right to a fair trial, it should not have the right to give rulings and im- pose administrative penalties since it was not a court. The government had said it would address the situation by proposing amendments to the law. In July 2021, then justice min- ister Edward Zammit Lewis had proposed a constitutional change to give regulators, such as the Electoral Commission, more bite by allowing them to impose fines following due pro- cess. A similar situation had cropped up with the Financial Intelligence Analysis Unit. However, the constitutional amendment, which required a two-thirds majority, was defeat- ed after the Opposition voted against. The Opposition insist- ed that any such fines had to be meted out by the court and not government-appointed bodies. The issue came to the fore again that same year when faced with a complaint by Ar- nold Cassola requesting an in- vestigation on whether Panama company Egrant was created as a vehicle to raise funds for the Labour Party, the Electoral Commission replied that it is "impossible" for it to investi- gate such cases under the Party Financing Act, in particular the handing down of any fines. But more than four years after the court judgment that neu- tered the Electoral Commission, the situation has not changed, and Malta still lacks any effec- tive authority which can fine political parties for breaches of the financing law. And all this is happening de- spite mounting concern, also expressed by the public inquiry on the assassination of Daphne Caruana Galizia, over the influ- ence of big business on the po- litical class. Debono insists legal amend- ments must be introduced as soon as possible: "How can we even talk about the links be- tween big business and politics if we cannot enforce basic legis- lation regulating party financing which remains our only mecha- nism to tackle this problem?" He says that reforming the law – which former justice minister Owen Bonnici had described as the Debono law when present- ing it in 2014 - should happen "today before tomorrow". The solution to the impasse according to Debono is to es- tablish an "enforcing authori- ty" distinct from the Electoral Commission. Debono explains that the Elec- toral Commission was entrust- ed to be the enforcing authority because of the trust it enjoys, Franco Debono

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