‘I see no real point in it’ – Employment lawyer questions need for equality bill 

Employment lawyer Andrew Borg Cardona has questioned the need for the Equality Bill currently being debated in Parliament, arguing that Malta's existing laws already provide robust protection against discrimination.

“Frankly, I see no real point in the law, as protection against discrimination is already very well provided for under existing legislation and the cost of setting up another authority would have been much better applied towards proper training and education of the existing players,” Dr Borg Cardona tells MaltaCEOs.mt.

“The main problem is that we will have another body with jurisdiction on very much the same area as existing organs, creating doubt as to where and to whom people should apply if they feel discriminated.”

The Equality Bill has been years in the making and is among the first pieces of legislation to be debated by Parliament following the general election. 

It has previously faced criticism from several sectors of society, including doctors, Church schools and pharmacists, as well as free speech activists.

The current bill proposes the establishment of the National Commission for Human Rights and Equality, to replace the existing National Commission for the Promotion of Equality.

The Commission will be empowered to investigate alleged discrimination and human rights breaches, both following complaints and on its own initiative.

Those accused of discrimination will bear the burden of proof, meaning they will have to demonstrate that discrimination did not occur. In case of a breach, the Commission will demand a remedy and could even file a police report. 

Certain matters, such as those related to deportations, national security, and Malta’s foreign relations will be exempt from proceedings. 

In terms of recruitment, the bill specifies that it will be illegal for employers to promote a job vacancy that discriminates among job seekers or to request personal information about their private life or family plans. 

It also legislates against discrimination at the workplace and the discrimination against people in terms of access of goods and services.

However, Dr Borg Cardona argued that employment discrimination is already illegal.  

“It has been illegal to discriminate on all grounds and for all reasons that are not acceptable in a democratic society, as the law puts it, which is actually a little wider than the ‘normal’ law,” he said. 

“Illegality in other areas is less wide, but still illegal.”

The Office of the Ombudsman has proposed the expansion of its mandate to take on the role of Malta’s National Human Rights Instruction, stating it has all the credentials and structures in place provided the Ombudsman Act is amended. 

PN MP Eve Borg Bonello has also proposed that the Ombudsman take on this new function.

Cover photo: BCGL Advocates