Ombudsman makes suggestions to parliamentary committee

The government has made formal proposals to the opposition for the Ombudsman to be included in the Constitution, Justice and Home Affairs Minister Tonio Borg said yesterday.

Speaking at a parliamentary House Business Committee meeting which discussed the Ombudsplan (the business plan of the Office of the Ombudsman), Dr Borg said the government also favoured the introduction of an article in the law to extend the Ombudsman's remit beyond the civil service to include all the public sector.

The Ombudsman, Chief Justice Emeritus Joseph Said Pullicino said the Ombudsman should serve as a bridge between Parliament, the government and the people.

In a context where taxpayers demanded value-for-money and thus expected an efficient and transparent public administration, the question whether the Ombudsman's office should be entrenched in the Constitution automatically arose.

"If the concept of public accountability had been as refined when the Ombudsman was created in Malta, I am sure it would have been incorporated in the Constitution," he said.

Yet the constitutional status of the Ombudsman alone was not enough, he stressed. "The people's confidence in the office can be strengthened if the remedies recommended by the Ombudsman are followed efficiently and effectively by the administration," Dr Said Pullicino said.

"Some have argued that the Ombudsman should be given executive powers. I do not agree with this assertion since I believe that the clout of the Ombudsman's word comes from the rigorous investigations and from the persuasive arguments he puts forward," Dr Said Pullicino said.

Although the Ombudsman should not enjoy executive powers, nothing stopped Malta from adopting models used by other countries. In Ireland, for example, the Attorney General may intervene judicially to order compensation in cases where individuals might have suffered because of maladministration.

"A fund could be set up and used to award compensation to aggrieved citizens whose case is upheld by the Ombudsman," Dr Said Pullicino said.

Suggesting ways in which the House of Representatives and the Ombudsman could work better together in the future, Dr Said Pullicino said Parliament could periodically check which recommendations had not been implemented by the administration.

"I am not convinced that this could work out as it does in the British House of Commons, firstly because this requires additional parliamentary resources and secondly because the political parties' temptation to make mileage from the Ombudsman's independent investigations are still far too great," he said.

Dr Said Pullicino paid tribute to former Ombudsman Joseph Sammut who served for two successive terms since the Ombudsman's office was set up in 1995, saying Mr Sammut's excellent work in setting up and running the office could be seen from the working praxis which enabled the office staff to continue investigating cases even in the months when there was no Ombudsman.

"Obviously it is not right that such an important office remains without a head for a long time, and maybe it is time to create a mechanism which facilitates the appointment of a new Ombudsman if the government and the opposition take too long to choose a person who they agree on," Dr Said Pullicino said.

On a personal note, Dr Said Pullicino said his friends had wished him well when they learned of his new appointment.

"Some were bewildered how I accepted a post where I would face 'nothing but trouble', while a few said I was obliged to accept the post given my miserable pension as an ex-judge.

"This is in part true and I would have expected a comment from some retired judges in this regard. However, it was my wish to be of service which most motivated me to accept this appointment," Dr Said Pullicino said.

Dr Said Pullicino said the Ombudsplan 2006 had been prepared by the office's technical staff before he took office but he agreed with its general thrust.

Dr Borg remarked that the Ombudsplan included a proposal that the Ombudsman should occupy an ex officio post on the Public Service Commission. He disagreed with this suggestion. "How can the Ombudsman investigate an alleged injustice if he is part of the commission? Will he investigate himself?"

Dr Said Pullicino said the Ombudsman should maintain complete independence, adding that he, too, disagreed with the proposal.

Opposition deputy leader Charles Mangion said the Ombudsman's office enjoyed respect even thanks to Mr Sammut's work over the past years as various independent surveys had shown.

Dr Mangion welcomed Dr Said Pullicino and expressed full confidence in his integrity, capability and fair judgment.