Issue link: https://maltatoday.uberflip.com/i/637230
maltatoday, SUNDAY, 7 FEBRUARY 2016 24 Opinion All in the family, Labour style M ake no mistake. Something is very – but VERY – rotten in the state of Malta's justice system at the moment. And I don't just mean the depressing fact that a government elected on the promise of 'meritocracy' has somehow managed to turn the magistrates' bench into an extension of the Labour Party family album. The problem clearly runs deeper than that. This week, the Justice Ministry announced two new appointees to the magistrates' bench… and within seconds, both nominations were mired in con- troversy. Because, of course, 'more con- troversy' is exactly what the Mal- tese justice system really needs right now… given that it is visibly still struggling to restore public confidence after at least two high profile corruption scandals in re- cent years. And let us not forget that these are not exactly the first two mag- istrates to be appointed to the bench under Labour. Other ap- pointments have included Wen- zu Mintoff – the former whip of the Labour Party (and also long- standing editor of the Labour party newspaper) – and Joe Mif- sud, a former Super One journal- ist and PL international secretary for years. Now, the same Justice Ministry has appointed two more magis- trates… and my, what a surprise. One of them seems to be ineligi- ble to even take up the post (with the embarrassing result that the President has temporarily vetoed her nomination) and the other happens to be the daughter of An- glu Farrugia – former PL deputy leader, and currently the Speaker of the House. Now: if either of these clearly misguided and ill-advised appoint- ments could be described as a 'one-off'… well, it would still raise eyebrows, but at least it could conceivably be described as something of an 'exception'. As things stand, however, it cannot. This sort of non- sense has in fact become the 'rule' under Joseph Muscat's Labour admin- istration. It has become a habit of this government to always appoint its own cro- nies and henchmen to the most sensitive posts this country has to offer. But at least – to cut Dr Caroline Frendo Farrugia a little slack for a change – there are no immediate impediments to her ap- pointment to the bench. It may be crude, clumsy and oafish of a government to so blatantly reward its own, despite an apparent lack of any serious cre- dentials whatsoever (she barely even served the bar- est minimum of seven years practising in court, for cry- ing out loud)… but at least the appointment itself was above board. The same cannot be said for Dr Ingrid Zammit Young, who (at the time of her nomination) was still chairperson of the Employ- ment Commission. There is a constitutional proviso stipulating that "A member of the Employment Com- mission shall not, within a period of three years com- mencing with the day on which he last held office or acted as a member, be eli- gible for appointment to or to act in any public office." We are now told that this is a 'matter of in- terpretation'… even though there doesn't seem to be very much to interpret here. Argu- ments that the judiciary does not count as 'pub- lic office' – because it is independent of the civil service – are complete and utter hogwash. Of course judges or mag- istrates are 'public officials'. They serve the public interest, and are paid from the public purse. Moreover, this constitutional proviso serves a very real and very important function within the broader concept of justice. It in- troduces a safeguard against cor- ruption. It is already impossible for a serving judge or magistrate to ever become President of the Re- public… for the simple reason that the judiciary cannot aspire to any position higher than itself (other- wise, it would be all too easy for a government to 'buy' a favourable verdict in court, with the offer of a 'promotion'.) The same applies at lower levels too. The chairperson of the Em- ployment Commission should not be allowed to simply waltz into another position of much higher rank and responsibility from one day to the next. The three-year grace period is there to dispel any doubt that such positions might be offered in return for 'services rendered'. For this reason, it is not something that can simply be waived on a ministerial whim. There is another, more obvious reason why the appointment of any new magistrate must always be 100% above board. It is after all part of the job description of a magistrate to mete out justice in cases of law-breaking. How can we possibly take this responsibil- ity seriously, if certain magistrates would be known to have been ap- pointed illegally? Personally, I don't know what irritates me more in all this. The glib, amateurish and conceited way in which a Labour govern- ment has cavalierly reduced the judicial bench to a Labour Party 'festa familja' – or the equally nonchalant way it has simply dis- regarded some of the most basic safeguards against abuse. Oh, wait, no. There is something that irritates me more. Only this time, it has nothing to do with the appointments in themselves… but rather, the way they were reported in the press. This, for instance, is from The Times: "A mother of two, Dr Zam- mit Young, 43, currently works for Go plc. To date, she chaired the Employment Commission." Got that, folks? So Dr Zammit Young is a 'mother of two'. She has brought two children into the world: a fact evidently considered of greater priority (in a news ar- ticle about the appointment of a magistrate), than, for instance, how long she's actually worked as a lawyer in court, or what other specific credentials or experience might make her suitable for the post. No, indeed. The number of pregnancies she has carried to full term was in fact the first thing we were even told about her... as though this detail tells us eve- rything we need to know about her ability to dispense justice in a Raphael Vassallo Justice reform that has yet to bear fruit: Faculty of Laws Kevin Aquilina, Judge Philip Sciberras, Justice Minister Owen Bonnici, and Judge Giovanni Bonello. INSET: Caroline Farrugia Frendo, with father Anglu Farrugia, today Speaker ofthe House PUBLIC CONSULTATION MEETING in relation with the Environmental Impact Assessment for the PA 05277/96: To develop Ta' Ċenċ area into Malta's rst 'Heritage park' and 'Multi-ownership tourist hotel development' at, Ta' Ċenċ, Ta' Ċenċ, Sannat, Gozo. Date: Monday 22nd February 2016 Venue: Sannat Local Council, Sannat Road, Sannat, SNT 9020 Gozo Time: 17:00 onwards e public is cordially invited to attend for this public meeting, and to request information and clarications, discuss with the consultants, and comment on the impacts of the proposal or on the assessment itself. ere will also be a public exhibition. is is part of the consultation process about the EIA for the proposed development, and is not the nal decision-taking meeting. All comments made during the meeting will be recorded. Copies of the dra Environmental Impact Statement and the EIS Addendum may be viewed at the oces of the Malta Environment and Planning Authority (St. Francis Ravelin, Floriana) and Sannat Local Council, during oce hours. Written submissions can also be made by not later than Monday 29 th February 2016. ese should be addressed to the Director, Environment Protection Directorate, Malta Environment & Planning Authority, St. Francis Ravelin, Floriana or sent to e-mail address eiamalta@mepa.org.mt. Further details can be obtained from: http://www.mepa.org.mt/permitting-ea-cons