Momentum supports Equality Bill but calls for stronger safeguards and independent oversight
Momentum welcomes the objective of the proposed Equality Bill and supports the establishment of a stronger framework to protect human rights and equality in Malta. However, the party believes that essential safeguards are still missing from the current text to ensure the Commission’s true independence.
Firstly, while Momentum notes that the Bill formally makes the Commission responsible to Parliament and requires a two-thirds parliamentary majority to appoint the Commissioner, we remain highly concerned about loopholes that leave the broader Commission vulnerable to ministerial interference. Specifically, the Bill grants the Minister the direct power to appoint the “Appointments Commission,” the very body responsible for vetting and recommending the other nine members of the Commission. To guarantee that the Commission can carry out its duties free from political influence, the entire appointment process, not just the head Commissioner’s, must be completely removed from the Minister’s discretion.
Secondly, Momentum insists that the final text of the legislation must be subject to rigorous scrutiny by stakeholder civil society organisations with recognised expertise in human rights and equality. Given the importance of this law, the legislative process cannot rely on the discretion of Minister Rosianne Cutajar, who has in the past faced serious ethical questions regarding gifts received from a dangerous businessman.
Arnold Cassola, leader of Momentum, said, “In the interest of full transparency and public confidence, Momentum believes that respected independent NGOs should play an active role in reviewing and vetting the final text of the Equality Law. Organisations such as Aditus, MGRM, Moviment Graffitti, and Repubblika, together with their other eight partners, have built a strong record of defending fundamental rights and promoting good governance, and their expertise must be utilised.”
“We have far greater confidence in the contribution of independent organisations with a proven record of defending the rule of law than in a structural process that still allows ministerial discretion to seep through the cracks. Malta deserves an Equality Law that enjoys the widest possible public trust and genuine parliamentary consensus,” Prof. Cassola concluded
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