Delegazzjoni mill-Parlament fi zjara fi Brussel / Parliamentary Delegation on Brussels visit

Delegazzjoni mill-Parlament fi zjara fi Brussel

Delegazzjoni mill-Parlament Malti nhar l-Erbgha giet lura minn Brussels. Id-delegazzjoni kienet komposta mis-Segretarju Parlamentari fil-Ministeru ta’l-Affarijiet Barranin l-Onor. Joe Borg minn naha tal-Gvern u l-Onor Gavin Gulia minn naha tal-Oppozizzjon, li hadet sehem f’laqgha bejn il-Kumitat dwar il-Libertajiet Civili u l-Affarijiet Interni tal-Parlament Ewropew u rapprezentanti mill-Parlamenti tal-Pajjizi Kandidati ghal shubija fl-Unjoni Ewropea, li nzammet fi Brussel bejn l-24 u l-25 ta’ Novembru, 1998.

F’din il-laqgha Dr. Joe Borg ipprezenta paper dwar l-hekk imsejjah "third pillar" ta’ l-Unjoni Ewropea, jigifieri dwar dak li ghandu x’jaqsam mal-gustizzja u l-intern. L-Onor Borg iddeskriva fid-dettal il-qaghda f’Malta fir-rigward tal-qasam tal-gustizzja u dak ta’ l-intern. Huwa spjega kif Malta digà tinsab avanzata hafna u digà tikkonforma ma’ l-hekk msejjah acquis communautaire ta’ l-Unjoni Ewropea f’hafna aspetti ta’ dawn iz-zewg oqsma.

Dr. Gavin Gulia ghamel intervent dwar l-effetti ta’ l-izviluppi teknologici fuq il-kriminalità, specjalment dik organizzata, u dwar il-problema tat-traffikar tad-droga fil-kuntest ta’ Malta.

Ic-Chairperson tal-Konferenza, Mme. D’Ancona, fahhret il-paper Maltija u fil-konkluzjoni taghha rreferiet ukoll ghall-kriminalità organizzata u l-effetti tal-izviluppi teknologici fuqha u qalet li dan jista’ jkun suggett tajjeb biex jidhol bhala parti mill-agenda ghall-laqgha li jmiss ta’ dan il-Kumitat mal-pajjizi kandidati ghal shubija fl-Unjoni Ewropea.

Il-paper li pprezenta l-Onor. Joe Borg issegwi.

Parliamentary Delegation on Brussels visit

A Maltese Parliamentary delegation returned from Brussels on Wednesday. The delegation, composed of the Parliamentary Secretary in the Ministry of Foreign Affairs, the Hon. Joe Borg representing the Government, and the Hon. Gavin Gulia representing the Opposition, participated in a meeting between the Committee on Civil Liberties and Internal Affairs of the European Parliament and representatives of the Corresponding Committees of the Parliaments of the candidate countries for membership in the European Union. The meeting was held on the 24^th and 25^th November 1998.

In this meeting, the Hon. Joe Borg read a paper regarding the ‘third pillar’ of the European Union dealing with Justice and Home Affairs. Dr. Borg described in detail the advanced position of Malta in the field of Justice and Home Affairs, and explained how Malta was already in conformity with the acquis communautaire of the European Union in many aspects of the two sectors.

The Hon. Gavin Gulia spoke about the effects of technological developments on criminality, and especially on organised crime and about the problem of drug trafficking in Malta.

The Conference Chairperson, Mme D’Ancona praised the Maltese contributions and in her conclusions also referred to organised crime and the effect of technological developments on it. She also stated that this could be a good subject to be part of the agenda for the next meeting of this Committee with the Candidate countries for European Union membership.

The paper presented by the Hon. Joe Borg follows.

Madam Chairwoman,

It is common knowledge, and no doubt there is a general consensus, amongst us here, that crime is becoming increasingly organized, making use of the free movement of goods, capital, services and persons, and taking advantage of technological innovations.

The activities of criminal organizations, in particular in the field of trafficking in drugs and human beings, corruption, money laundering and terrorism are affecting the integrity of society as a whole. There is no doubt, therefore, that the European Union must do its utmost and European countries in general need to organize themselves to counter this threat by all possible legitimate means, focusing not only on the criminal activities as such, but also on the means to bring to the ground these criminal organizations. Limiting and possibly eliminating their opportunities to transform the fruits of their illicit activities into licit financial spheres is of crucial importance. This should be done not only with a view to shielding society from criminal influence but also to denying criminal organizations the opportunity to profit from their crimes.

What can be done? What action can be taken or should be taken to counter this threat in an effective and coordinated manner?

This problem has been studied for years first by the Council of Europe and now more specifically by the European Union and a number of ways to achieve this goal have been identified. Among them, the following are of critical importance :

• more effective implementation of international instruments already adopted ;
• strengthening of practical co-operation on the one hand, and, where necessary, a degree of approximation or harmonization of legislation on the other hand;
• bringing judicial co-operation to a level comparable to police co-operation;
• enhancement of the role of Europol, including an in-depth study of the place and the role of judicial authorities in their relations with Europol, in step with the anticipated enlargement of Europol’s competencies;
• closer co-operation and approximation of rules between Member States of the European Union themselves, between them and the applicant states and more cooperation and coordination with other European Countries and other regions of the world, international organizations and relevant bodies; and
• further development of instruments of prevention.

What is the situation with regard to Malta, the country which my colleague and I represent ? Co-operation in the field of justice and home affairs is something upon which there is the broadest possible consensus. Indeed, Malta has in the past years aired its concern about this problem and committed itself to co-operating fully on a bilateral as well as a multilateral basis with other countries and organizations in the common effort to combat organized crime. We have co-operated with other countries, both European and not European, as well as with organizations like Interpol, to our mutual benefit. This co-operation has been fruitful. We also acknowledge the key role to be played in this area by Europol.

Malta is already a signatory to a good number of Conventions which form part of theacquis communautaire on justice and home affairs. In addition, the Maltese authorities already cooperate closely with the Member States on matters of justice and home affairs and, as an example of this, the Malta Police has been an active member of Interpol since 1971.

I would like to comment on the rules and administrative provisions governing movements by persons across Malta’s external frontiers and on the manner of controlling such movements.

Every person who enters Malta has to be in possession of a passport and has to furnish the Principal Immigration Officer with prescribed information or such other information as the latter may deem proper to require.

Thus, at each point of entry in Malta namely the Malta International Airport, the Sea Terminal and the Yacht Marina, there are civilian or police immigration officers who monitor the entry and departure of all persons. These personnel have the task of checking the identity of persons through their passports and through their embarkation or disembarkation cards. In fact, every person entering or leaving the country is required to fill in the appropriate disembarkation or embarkation card and to present it to the immigration officer at the point of entry or departure. The personal data of each person entering or leaving Malta is entered on computer and, upon entering or leaving Malta, the name or each person is checked against this.

The rules governing the conditions of entry, movement and residence on Malta’s territory applicable to nationals of third countries are mainly to be found in the Immigration Act (Chapter 217 of the Laws of Malta). Thus section 5(1) of this Act states that :

"Any person who, not having been granted a residence permit, lands or is in Malta without leave from the Principal Immigration Officer shall be a prohibited immigrant."

A third country national would therefore require a residence permit in order to stay in Malta. A person who has been issued with a residence permit will then have the right to land and remain in Malta. The Immigration Officer is also responsible for granting extensions of stays to such persons and records thereof are kept by this same Immigration Officer.

Besides, nationals of certain third countries also require a visa to enter Maltese territory. A person who is required to have a visa and is not in possession of such visa, may be refused leave to land and remain in Malta. Nationals of such countries who are passing through Malta in transit to another country, would also require a transit visa. On the other hand, Malta has visa abolition agreements with a number of countries.

With regard to illegal entry, residence and work in Malta, I can say that this is controlled in various ways. Illegal entry is dealt with primarily by means of thorough checks at port entries and any third country national who is not deemed to be a "bona fide" traveller is not granted leave to land in Malta. Illegal entry along our coast line is in the hands of the Maritime Unit of the Armed Forces of Malta that patrols the seas around the islands for the purpose.

Illegal residence and work is mostly controlled by Immigration Police who, upon suspicion of the illegal presence of third country nationals or if they receive reports of such presence, they carry out inspections on the premises. If illegal immigrants are in fact found, these are arraigned in Court and if the facts against them are proved, removal orders for these immigrants are issued.

As regards asylum policy although we do not have a particular legislation governing asylum as such, in 1971 Malta acceded both to the 1951 UN Convention Relating to the Status of Refugees and to the 1967 Protocol on the same subject. Malta has acceded to these agreements subject to a geographical limitation by which, in effect, Malta assumed the obligation to accept refugees from Europe. In practice, however, Malta has done much more than it was legally obliged to do. Thus, for example, in the wake of the Gulf crisis in 1990, some 2000 Afro-Asian refugees came to Malta and their resettlement procedures were subsequently completed.

A person caught entering Malta illegally may request refugee status. So may a person who enters Maltese territory legally - he may later call at the Emigrants’ Commission qua Operational Partner of the UNHCR Office in Rome, and apply for refugee status. An application for refugee status is filled and this is passed on to the UNHCR representative in Rome while the applicant stays in Malta. If the status of refugee is accepted, the applicant can stay in Malta or is found a country for resettlement. If refugee status is refused, then the immigrant will be given a time limit to leave the country. The immigrant has a right of appeal against such a decision.

With regard to Malta’s policy for combatting drug trafficking and abuse I would like to underline that our policy is based on two fronts - prevention and law enforcement. This problem is given high priority on the Government’s agenda and national policy on the enforcement side focuses on various control measures, ranging from the legislative which restrict the importation, manufacture, trafficking and the use of drugs, to control on the access, the availability and the use of the same.

The agencies that are directly concerned in law enforcement are the Police, Customs, the National Drugs Intelligence Unit and the Armed Forces of Malta. In November 1995, the Government established the Police Drugs Squad so as to introduce a more professional approach to combat the drug problem in Malta. The Police are directly concerned with the drug problem on the island and, after investigating the drug cases, they are also responsible for prosecuting suspects in the Courts of Magistrates. The Customs Department also has its own Anti Drugs Squad and are responsible for impeding drug importation and exportation from any point of entry or exit in Malta. The National Drugs Intelligence Unit, set up in 1994, is the coordinator of all the existing agencies. The NDIU collates, evaluates and analyses information received from various sources and disseminates intelligence packages to the other enforcement agencies. It also gathers information through its own undercover surveillance teams. The Armed Forces of Malta are responsible for the patrol of the coastal area and the territorial water of Malta to combat drug importation/exportation, among other things. Suspicious financial transactions involving money laundering are investigated by the Economic Crimes Unit of the Police Department. Heads of these enforcement agencies and heads of the various drug units meet regularly to discuss policy and strategy.

Human resources working in the enforcement sector have been considerably increased. Customs and Police have trained scent dogs to help them in their daily operations. Human resource development is also high on the agenda and various training courses by local and foreign experts are regularly provided to personnel from the various agencies working in the field.

National action plans focus on a holistic approach and on activities that can be performed more effectively through concerted national action aimed at curbing the supply and reducing the demand. The Government is addressing the drug problem through a multi-sectoral approach but also in an integrated way across all the relevant sectors. These include the law enforcement sector and that of welfare, health, education and community services.

The principal laws dealing with illicit drugs are the Dangerous Drugs Ordinance and the Medical and Kindred Professions Ordinance. In 1996, the former law has been brought in line with the Vienna Convention by including therein those provisions of the Vienna Convention which still did not feature in our legislation. It has now become possible, for example, for foreign law enforcement agencies and Public Prosecutors to freeze the assets of a drug trafficker in Malta or to issue an investigative order against him even if he is absent from the Island. The same Act has drastically increased the penalties for drugs traffickers and the maximum penalty has now been increased from 20 to 30 years and, in certain instances, even life imprisonment, depending on the gravity of the case. A new crime, that of dealing, has also been introduced and it involves the complicity in or the cultivating of drugs. The Money Laundering Act was also introduced in 1994 with the aim of preventing the circulation of money derived from crime and the Professional Secrecy Act, enacted in the same year, provides for the lifting of confidentiality in the financial sector where there is the suspicion of crime related to drugs.

From the prevention aspect, the Government has set up a national agency called "SEDQA" which falls under the responsibilities of the Ministry for Social Policy. This agency is responsible for the education of the general public on the health hazards and the social hazards connected with drug abuse.

The Maltese Government strongly believes in international cooperation and has signed the following multilateral agreements on drug related matters.

• The International Opium Convention (The Hague, 1912) - Malta succeeded to this Convention in 1966
• The Single Convention on Narcotic Drugs (New York, 1961) - Ratified by Malta in 1990
• The Convention on Psychotropic Substances (Vienna, 1971) - Ratified by Malta in 1990
• The Protocol amending the Single Convention on Narcotic Drugs (Geneva, 1972) - Ratified by Malta in 1990
• The UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (Vienna 1988) - Ratified by Malta in 1996
• The European Convention on Money Laundering of 1990 (in the process of ratification by Malta) - The Maltese Government has also acceded to or ratified a number of conventions on civil and penal judicial cooperation procedures. I can here mention:
• The Convention on the Execution of Foreign Arbitral Awards (Geneva, 1927)
• The Convention on the Transfer of Sentenced Persons (Strasbourg, 1983)
• The European Convention on Recognition and Enforcement of Decisions concerning Custody of children and on Restoration of Custody of Children
• The European Convention on Mutual Assistance in Criminal Matters
• The European Convention on Extradition ( Paris, 1957)
• The European Convention on the Adoption of Children (Strasbourg, 1967)
• The European Convention on Information on Foreign Law (London, 1968)
• The Additional Protocol to the European Convention on Information on Foreign Law (Strasbourg, 1978)

Malta has also entered into various bilateral extradition agreements.

With regard to the problem of organized crime, I would like to point out that crime in Malta is usually locally confined and does not have a proven international dimension. It is worth mentioning that Mafia type groups are non-existent in our country.

As regards crime on a local basis, this varies from petty thefts and thefts from vehicles and seacrafts burglaries, thefts from commercial premises, fraud, willful damage, arson, occasionally armed robberies and crimes of violence against the person.

This is very common in our country. Generally, over a third of stolen vehicles are recovered. It is believed that vehicles are mostly reported stolen for three main reasons : (1) to be cannibalized for parts; (2) for insurance fraud (3) to replace an older or a wrecked similar vehicle. It has never resulted that vehicles were stolen to be sold abroad. Although there were also occasions where stolen vehicles were imported to Malta and sold locally, these were remote and no connection with any international organized groups existed.

It has been proven that all armed robberies that occur in our country are being organized by local groups and there is no connection whatsoever with international organized groups.

A very limited number of murders occur annually. These are generally related to family matters and occasionally burglaries, but are not connected in any manner to organized crime.

Turning now to the problem of terrorism Malta is not faced with any form of terrorism, both externally and internally.

It should be noted that combating the menace of terrorism is a very high priority of the local security services, who are on the forefront to police this crime. When required to do so, these services co-operate fully with other countries with the aim of fighting "international terrorism". These services also constantly ensure that measures are taken to prevent such acts from taking place.

I would like now to say something with regard to the collaboration between the different departments in Malta with regard to the topics I have already described apart from what I have already said regarding the agencies dealing with drug matters. The Ministry of Foreign Affairs is the entity which deals with matters related to asylum. On the other hand, the Malta Police deal with matters of crossing the external borders, immigration policy, combating drug addiction, combating fraud on an international scale and are the ones co-operating with other police forces in preventing and combating terrorism, drug trafficking and other serious international crime. In combating fraud on an international scale, the Police act in liaison with the Attorney General’s Office. The Ministry of Justice is the entity responsible for judicial cooperation in criminal matters and civil matters while, naturally, the Customs Department is responsible for customs cooperation.

As I said before, Malta has been a member of the International Criminal Police Organization (Interpol) since 1971. Since then, members of the police force have attended seminars and other meetings on various subjects, including the Annual General Assembly of the Organization.

Malta also has an observer status within the International Organization for Migration and our officers and representatives from the Embassy of Malta in Geneva participate in the annual meeting of this organization.

The National Drugs Intelligence Unit participates, though not on a regular basis, in the United Nations HONLEA Conferences and those of the Pompidou Group of the Council of Europe.

Moreover I take this opportunity to emphasize Malta’s thorough respect for the implications of the principle of the rule of law, in particular the independence of the institution of the judiciary which is enshrined in our Constitution and which ensures an effective balance of power with respect to the executive power. The maintenance of these democratic principles has also guaranteed through the years an impartial system of public prosecution and a police force bound by democratic principles. These principles are not new to Malta. Indeed, they have been practiced and complied with for decades.

In relation to the creation and operation of a European border control force to police the future external borders of the European Union, the Government of Malta considers this as a natural development emanating from the elimination of frontiers within the Union itself. As the European Union is in the process of adapting itself to the new circumstances following the Schengen Agreement, it would be wise to cope in advance with the realities of the future external borders of the EU. In this context the exchange of liaison officers should stimulate joint investigative activities and special operations carried out with, for example, Europol’s support and assistance.

Malta has never encountered problems in connection with racism, xenophobia and anti-Semitism. The observance of the rule of law and the independence of the judiciary ensure that the right of minorities are respected. Besides judicial control on executive discretion, Government is also challenged at the legislative level with Parliament acting as an effective watchdog on Governmental activities connected with justice, security and police.

In conclusion I would like to say, Madam Chairwoman, that there is no doubt that a coherent and coordinated approach is needed to provide strategic and tactical responses to the challenge facing the international community today if we want to secure for our citizens freedom, security and justice. We need a comprehensive plan of action with emphasis on prevention as well as repression, and we need to strike a balance between legislative approximation or harmonization and practical co-operation between law enforcement agencies both at the judicial level and at the police level.

27.11.98