We, the organisations listed below, appeal to the Maltese government and authorities to publish a White Paper with the draft changes to the law on magisterial inquiries. The White Paper should be an opportunity for open dialogue before the government decides what will go through Parliament.
The right to appeal by private persons to have a magisterial inquiry is a right that all citizens have today. If the government wants to reduce or remove this right, it has a democratic obligation to give citizens the opportunity to express themselves on it.
For year after year the European Commission has said that Malta should have a mandatory process of public participation in the shaping of laws. While we wait for the government to implement this recommendation, it should be the government that seeks to consults adequately before implementing laws, particularly laws that provide a framework for the rule of law in Malta.
The existing law on the right of citizens to request a magisterial inquiry in recent years has been vital when in flagrant cases of major corruption the police have refused to act. It is clear to everyone that without this law we would not have had the prosecution of the corruption in the sale of public hospitals. It is clear that without it we would not have the prosecution of the corruption between 17 Black and the ministers’ companies in Panama.
It is therefore essential that any changes made to the law do not have the effect of reducing the capacity of Malta and its citizens to effectively fight corruption.
We therefore appeal that before the government formally publishes a bill for second reading in Parliament, it publishes a White Paper and opens a broad and effective public consultation.
Repubblika
Aditus Foundation
The Daphne Caruana Galizia Foundation
Għaqda Studenti tal-Liġi
#occupyjustice
PEN Malta
Żgħaġ Ħaddiema Nsara
Vuċi Kollettiva
Moviment Graffitti