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maltatoday, WEDNESDAY, 14 MAY 2014 9 News Download the MaltaToday App now Procedure simplification does away with retirement pension application MIRIAM DALLI SOME 1,600 workers born in 1952 won't need to apply for their pen- sion following a review of the social security system, Social Solidar- ity Minister Michael Farrugia an- nounced yesterday. Previously, persons who reach retirement age receive an applica- tion in order to apply for the pen- sion, with the first pension being received some three months later. But as from next Monday, workers who turn 62 in August and onwards will be notified that their pension application has been opened, doing away with the extra paperwork. The person entitled to the pen- sion may be asked for details such as last year's FS3, national insur- ance (N.I.) receipts and the bank account where the pension needs to be deposited. "The applicant can now deposit the required information either by visiting the district office, sending the documents by post or through e-ID system," Farrugia said. The government also plans to ap- ply a similar system to widows and widowers, avoiding the need to re- apply for their husband's or wife's pension. Formerly responsible of the sim- plification of the administrative processes, Farrugia said the gov- ernment also planned on reducing red tape for couples applying for the marriage grant, individuals apply- ing for the invalidity pension and parents who have their first child. Listing the government's work over the past 14 months in the so- cial services sector, Farrugia con- firmed ongoing work for a resi- dence for unaccompanied minors. Asylum seekers will also be offered preparatory courses in the English language. The minister also criticised the lack of a computerised system at St Vincent de Paul Residence (SVPR). The first wi-fi connection at the elderly residence was set up a few months ago in order to simplify communication between Mater Dei Hospital and SVPR. X-rays at SVPR are still analogue, which means there is no digital access to a resi- dent's history when he or she is re- covered at the hospital. New guidelines will help structure Attorney General's discretion MIRIAM DALLI NEW amendments to the Criminal Code are set to provide "exhaus- tive" guidelines that will structure the Attorney General's discretion on criminal cases according to Minister Owen Bonnici. Attor- ney General's discretion to decide whether criminal cases are heard before lower or superior courts can now be appealed The AG enjoys the power to de- cide whether drug cases, among others, should be heard before the Magistrates' Court or face a Judge. According to legal practitioners, the AG usually looks at the quan- tity of drugs the accused has been charged with trafficking. If the ac- cused was caught with over 300 grams of drugs, then he or she will most probably appear before the superior court. "It is an unwritten rule," the prac- titioners said. The Bill was pub- lished yesterday. According to Justice Minis- ter Owen Bonnici, the proposed amendments to the Criminal Code will also give the accused the right to appeal the Attorney General's discretion. "The Bill stipulates the guide- lines that will structure the At- torney General's discretion. The guidelines are exhaustive. It also gives the accused the right to ap- peal the AG's decision at the end of the compilation of evidence," Bon- nici said. The Judge will also have the pow- er to hand down a lower sentence if he feels that the accused should have faced a magistrate's court. The AG's discretion has been found to be in breach of funda- mental human rights and multiple court cases have confirmed the breach of Articles 6 and 7 of the European Convention of Human Rights. The AG's discretion effectively means that two individuals who committed the same crime can be given different sentences and jail terms, depending on which court is handing down the judgement. Before a judge, the accused can face a minimum prison term of 10 years, the maximum term before the Magistrates' Court. "The AG will be duty-bound to take into consideration the guide- lines before deciding whether a case should be heard by the lower or the superior courts. This includes the role played by the accused in the crime and the indicative quantity of the drug," Bonnici explained. He also pointed out that, cur- rently, the AG's decision cannot be appealed or revised by the courts. In the case Camilleri vs Malta, decided in January 2013, the Euro- pean Court of Human Rights ruled a breach of Article 7 of the Europe- an Convention on Human Rights. The applicant complained that the discretion of the public pros- ecutor to decide which court an accused may be brought to trial in and consequently which punish- ment would be applicable was con- trary to the impartiality require- ment of Article 6. In 2003, the applicant was charged with having been in possession of 953 pills of ecstasy, in December 2001, not for his exclusive use. The prosecutor decided to try the ap- plicant in the Criminal Court. Fol- lowing a trial by jury, the applicant was found guilty and sentenced to 15 years' imprisonment and fined €35,000." St Julians: Works near school being closely monitored Last year the Malta Environment and Planning Authority approved a car park, a supermarket and 25 residential units in the previously woodland area between the church and the government school EDUCATIONAL authorities are monitoring works next to the St Ju- lian's primary school to ensure that no damage is done to the school. Over the past weeks parents have expressed concern on the proximity of the works to the school, claiming it would have made more sense to start the works in summer after the end of school. The Ministry for Educations told MaltaToday that the architects of the project are in contact with the architects of the Foundation for To- morrow Schools and the technical staff of the Directorate for Educa- tional Services to ensure that dur- ing the construction phase no dam- age is done to the school building. "All health and safety precau- tions are being taken," the ministry spokesperson said. The school's parking area has been closed because of the works. But students are also enjoying a new refurbished rubber floor ground play area, which was recent- ly constructed by government. The Ministry spokesperson con- firmed that the developers won't be compensating the local school with any planning gains. Last year the Malta Environment and Planning Authority approved a car park, a supermarket and 25 residential units in the previously woodland area between the church and the government school. Works, which include the removal of trees, are presently taking place both in this area and the area im- mediately below the school. Resi- dents have claimed that during the public consultation phase they were under the impression that the works were limited to the area between the church and the school. jdebono@mediatoday.com.mt YOUR FIRST CLICK OF THE DAY www.maltatoday.com.mt Owen Bonnici Michael Farrugia

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