Ombudsman calls for rethinking of policy relating to public officers elected MPs

The Ombudsman has proposed that the health division accept Labour MP Joe Abela's offer to work voluntarily at St Luke's Hospital on a part-time basis if he agrees to be subject to the current rules and regulations regarding discipline, impartiality, confidentiality and integrity.

Senior occupational therapist Joe Abela resigned his position following his election to parliament in the casual elections on May 8, as demanded by the constitution.

A month later, on June 7, he sought permission from the health authorities to carry out duties at the hospital twice a week on a voluntary basis, to practise his profession.

His request was refused, in accordance with the provisions of the Public Service Management Code. Under the code, public officers in scales 1 to 5 are precluded from standing for parliamentary elections, except for those who are university lecturers. Public officers on the other scales (Mr Abela is on scale 10) can stand for election and, if elected, they are considered as having resigned from the public service.

Mr Abela's request to work on a part time voluntary basis was considered by the director general of the health division who noted that in the past similar requests had been refused and it had never been the practice to allow staff to work with patients on a voluntary basis.

Mr Abela said yesterday that he wanted to continue with his practice so that he could develop his skills as he was concerned that he would not be in a position to offer his best professional service to patients by the time he ceased to be a member of parliament.

He said that opportunities to exercise his profession in the private health care sector in Malta were very few since patients who required his services were generally treated in a government hospital.

In his report, the Ombudsman said: "The reasons given by the health division not to accept the proposal by complainant are technically correct.

"However, I am of the view that fresh consideration should be given to the request, and any other similar requests, in the light of the specific nature of the work involved and present day circumstances and realities regarding the involvement in political activities by public officers and holders of other high positions in public sector organisations."

The Ombudsman said there was no doubt that it would be in the best interest of patients if their care workers, such as occupational therapists, maintained and built on their skills.

"Clearly, any long absence from the job such as in the case under consideration could be expected to have negative repercussions on one's professional competence and could even make it difficult for the person concerned to resume his career after an interruption forced upon him by his choice to be of service to the country."

The Ombudsman said that the refusal of Mr Abela's offer to perform services on a voluntary basis called for serious rethinking.

"As long as there are adequate safeguards to maintain discipline on the job, it is felt that the advantages of accepting complainant's request by far outweigh any disadvantages as long as the person who performs voluntary work would voluntarily accept to be bound by the official rules and regulations irrespective of his status as a member of parliament.

"MPs who continue to hold a consultant position in a government hospital on the grounds that they teach at the university are still subject to public service rules and regulations," he pointed out.

Mr Abela yesterday wrote to the health authorities expressing his willingness to be subject to the relevant rules and regulations and is now awaiting a reply.

The Ombudsman also pointed out in his report that this issue was the subject of a report drawn up by Dr Joseph Micallef Stafrace a few years ago on the initiative of parliament's speaker.

"In my view the time is now ripe to revisit the subject and review current policies and restrictions.

"The point of departure of any such review ought to be the fact that government employees who are elected to parliament but who do not teach at the university should no longer be treated differently from other citizens in the private and public sector provided the necessary safeguards for maintaining public confidence in the impartiality of the public service are maintained and possibly strengthened."

Dr Micallef Stafrace's report, which has not been made public, argues that political parties should agree that civil servants up to a certain level should retain their employment on election to parliament and if transfers are required from one office to another, there should be the involvement of the prime minister in consultation with the speaker.