Home Affairs Minister Byron Camilleri has tabled the second reading of the electronic monitoring bill in Parliament, as part of reforms aimed at creating more modern corrective legal systems.

Camilleri spoke in Parliament on Monday, mentioning that this proposed bill, which was a government electoral promise, aims to provide an effective tool for, firstly victim protection and secondly, facilitate the rehabilitation of individuals who commit minor offenses.

Camilleri explained that this reform has undergone a public consultation process through a White Paper, followed by parliamentary legislation incorporating recommendations from that process.

He said that the new system would be implemented after testing processes for preparation to implement these devices is finished, as the tendering process to acquire the necessary devices has concluded. Camilleri said that electronic tagging can start immediately after Parliament finalises the legislation process.

This would be a bracelet worn by a person voluntarily, usually on their leg, which uses technology that continuously monitors the location of the person which is tied to certain rules.

Camilleri highlighted that the electronic monitoring system would achieve two primary objectives: enhancing protection for victims of crime and improving the rehabilitation of individuals sentenced for minor offenses.

He said that this system would allow certain individuals to be electronically monitored instead of being detained at the Corradino Correctional Facility for short sentences, thereby facilitating their reintegration into society.

Camilleri said that electronic monitoring could be ordered by the Court as an additional protective measure for sentences of no more than one year, as well as by the CEO of the Correctional Services Agency for individuals benefiting from prison leave, and by the Parole Board for individuals granted parole.

Additionally, this measure will also apply in cases where restraint or protection orders are issued to ensure victims' safety.

Camilleri emphasized that the system would not apply in cases involving domestic violence, gender-based violence, maintenance obligations, violations of court orders regarding child access, and cases of paedophilia.

At the committee stage, an amendment is being proposed to use electronic monitoring as a direct measure for victim protection, where victims would be provided with special devices (not ones to wear on one’s leg), that would give them an immediate signal if their aggressor is close, he said.

Camilleri described the reform as an extra layer of security and prevention; however, he said that there will be possible administrative or legal challenges, and government must be responsible on how to implement this.

Government is also proposing an amendment whereby the entity which operates the systems logistics would be LESA, to ensure further checks and balances.

Camilleri said that after consultation, another important clause was added to the bill in cases of domestic violence, where the Court may order electronic monitoring to provide increased assurances by ordering a person not to even enter a specific locality.

An immediate notification would be sent to the relevant entities if the person does so much as enter a particular road, he said.

Camilleri said that the bill does not include bail, as he believes the measure must be implemented carefully and phase by phase.

He acknowledged that the electronic monitoring can be useful for bail, but said there will be a period which government will learn from, such as possible administrative or legal challenges.

Camilleri said this change is a substantial one, offering more protection to society, victims, as well as a change in favour of rehabilitation, which is more intelligent, effective and modern.

PN MP Darren Carabott said that while the PN agreed with electronic monitoring, describing the bill as a good initiative, the country has lost five years in implementing electronic monitoring because the government delayed its introduction. He said that the pilot process had started in 2019.

Carabott argued that caution is necessary when introducing electronic monitoring, as it represents a significant shift in the country’s punitive system.

He explained that the new technology would bring greater efficiency, accountability, and better outcomes to the system.

Carabott said that the PN had included this proposal in its electoral program during the last election. He emphasized that even the best legislation requires efficient enforcement systems to succeed.

Carabott said that government’s delay has caused the country to miss out on a five-year window of opportunities, particularly for victims who might have benefitted from this system.

He said that Malta's small size is an advantage in shaping such a system and stressed that it must prioritize victims' interests. He called for robust oversight of the system, ensuring consequences for anyone who violates the conditions of their monitoring.

Carabott also emphasized the need to consider the employment and professional circumstances of monitored individuals, suggesting that the system could support judicial processes by serving as evidence in court and improving the efficiency of public fund utilization.

He argued that enforcement is the most critical aspect of electronic monitoring, alongside the agency responsible for its implementation and decision-making. He questioned whether the government plans to extend the system to other offenses once it proves effective.

While acknowledging the potential stigma associated with electronic monitoring, Carabott highlighted its positive aspects, and said that to avoid them becoming a victim of discrimination, there needs to be an education campaign explaining these devices.

He also criticized the Correctional Services Agency for implementing only three of the 17 recommendations made by the National Audit Office (NAO) in 2021. This, he claimed, raises doubts about the agency’s ability to carry out additional recommendations effectively, such as the electronic monitoring initiative.

Among the NAO recommendations not implemented were the renovation of cells, prison expansion, recruitment and training of officers, and the development of policies and procedures, he said.

Carabott questioned whether the agency could handle more responsibilities when it had failed to deliver on previous recommendations. He concluded by stressing that electronic monitoring must lead to effective actions.