Posted by: kevin.aquilina
in Kevin Aquilina´s Category on Mar 03, 2011
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In this brief note, I want to update the readers of statecareandmore.eu on the developments taking place in the House of Representatives with regard to re-codification and consolidation of Maltese Law.
1. Object and Reasons of the Bill
Clause 64 of Bill No 45, the Various Laws (Criminal Matters) (Amendment) Act, 2010 – published in The Malta Government Gazette of 12 February 2010 – is proposing the addition of a new provision to the Arms Act. It deals with toys in the shape of guns. The new provision, article 55A, if adopted by the House of Representatives, will read as follows:
The House of Representatives will soon start to debate Bill No. 41, a Bill to amend the Arbitration Act and the Mediation Act. The Bill was published in The Malta Government Gazette on 1 December 2009. The amendments to the Mediation Act are prompted by E.U. exigencies intended to transpose into Maltese law the provisions of Council Directive 2008/52/EC of 21 May 2008 regarding mediation in cross-border civil and commercial matters.
Q1. These past few months have been characterised by a number of censorship sagas, mainly against the play 'Stitching' and the banning of a university newspaper. The former was at the hands of the Board of Classification for theatrical productions. Can you explain which Maltese law controls this board and the jurisdiction it has over theatre and cinema?
1. Introduction
When I came to choose the topic of this oration I was advised to select a theme which would be relevant to an audience of law and theology graduands. Of course, there are diverse aspects where law and theology converge. I still remember those days where as a law student I studied Philosophy of Law and came across the great contribution which theologians such as St. Augustine of Hippo and St. Thomas Aquinas gave to the development of the law. So the topic of this oration contains both theological and legal elements: it concerns respect for human dignity and the law. There is no doubt that the Catholic Church’s teachings on human dignity have been a catalyst for the development of the law in this area. In this Oration, I will reflect upon two main points: the contribution of the Catholic Church’s myriad teachings on human dignity and how the latter concept has been adopted as an essential feature of the law – whether national, regional or international.
Anthony Neilson’s play Stitching is a disturbing play not only with regard to the singularity of its offensive parts which, inter alia, target vulnerable persons (women, children and holocaust victims) but more so when these offensive parts are taken together as a whole: in such case they constitute a persistent and consistent attack on the respect for human dignity.
Indeed, the leit motif of this play consists not only in the individual shocking, disturbing and frequently perverse behaviour which go beyond the European Court of Human Rights standard in Handyside v. United Kingdom as to what ought to be reasonably acceptable in a civilised society but also in its continuous debasement of human dignity throughout the whole play. It is this very latter aspect that makes this play unfit for theatrical performance.
1. Introduction
As on 13 August 2009, practically all the provisions of the Criminal Code (Amendment) Act, 2002 have entered into force – even if at distinct and separate intervals. However, there still remain certain provisions of article 74 of the Criminal Code (Amendment) Act, 2002 amending the Criminal Code which are not yet in force namely:
Overall, the Freedom of Information Act, Chapter 496 of the Laws of Malta, is comprehensive and covers most issues adequately. I fully endorse the proposal that the Data Protection Commissioner should be tasked with the duties of a Freedom of Information Commissioner. In this way, the same person can balance out both aspects of data protection and freedom of information. Indeed, although these two laws are considered opposed to each other yet they are very much related and complimentary. Hence having one Commissioner to oversee both data protection and access to information will ensure that there are no conflicting interpretations of both laws. Even, at appeals stage, there will be only one Appeals Tribunal – the Information and Data Protection Appeals Tribunal - to ensure uniformity and consistency in decision-making.
The Freedom of Information Act 2008 is a milestone in so far as citizens’ rights are concerned: it enables the public, directly or indirectly (through investigative journalists), to disclose that information which the public authorities have not rendered public. In this respect, a freedom of information law brings with it more transparency on the working of the public administration rendering it more accountable to the public. Of course, in more advanced democracies than ours, there are other complementary laws which further ensure transparency, openness and accountability in government. Such is the case with a law on public interest disclosure, otherwise colloquially known as a Whistleblower’s act, and open meetings laws which allow the public to attend meetings of various government entities thereby ensuring that these proceedings are conducted in public. Our Administrative Justice Act 2007 is a move in the right direction at least in so far as administrative tribunals are concerned. But there should be more instances where meetings of certain public corporations and certain government boards are held in public. But these are still awaited developments which we yearn for in our law.
