Change we can believe in

A few days ago the Labour Party put forwards some of its proposals for reform in the justice sector.

I feel that the proposals made so far are positive – in the sense that they are practical, will cost relatively nothing to implement and will serve to provide a better overall service to those people who resort to the law courts.  These proposals may also serve for the public to re-gain some trust within this institution.

In a supposedly-democratic country built on the rule of law and the separation of powers, it does not bode well when one of the three main institutions of the country is mired in controversy and faces very serious allegations which rock its very foundations.

The doctrine of separation of powers must be kept in mind when discussing the law courts and their extensive review.  Through this doctrine the three pillars of a democratic society – the Executive (i.e. the government), the Legislature (i.e. Parliament) and the Judiciary (i.e. Magistrates and Judges) – are distinct from one another.  However, at the same time they each serve as an instrument of checks and balances on the workings of each other.  Therefore, having one of these institutions which is malfunctioning or inherently weak per se, should be of serious concern to us all.

It is of the essence that these institutions have the respect and trust of the public at large at all times.

In my profession I often have clients who prefer losing money they are due rather than having to open a court case to recuperate their dues.  This attitude shows a deep disrespect and scepticism in the law courts and their workings.  Their main hesitancy essentially centres on the duration of the case, the leave they are required to take between the commencement and the termination of the case and the disproportionate length of time required to get a judgement.

Some of the proposals put forward by Labour are so basic that one necessarily asks why these have not been implemented before.  For example, the use of basic IT facilities such as the sending of emails or SMS’s to lawyers and clients when their case has been deferred will most certainly help to avoid a lot of waste of time – especially for those clients who purposely enter Valletta after taking a day or half-day off from work awaiting their turn only to be told that the case has been moved to another day.

It is fair to say that the law courts are by-far one of the most conservative institutions on these islands.  However, it is about time that they move into the 21^st century and provide the ‘consumer’ with an adequate ‘product’ and service.

Other areas within the justice sector which I feel require a review include the legal aid institution, the more efficient and expeditious hearing of cases within the Small Claims Tribunal along with better and continued training for the human resources within the courts.

The right to an adequate court/justice system appertains to us all.

Marc