Government proposes Ombudsman's entrenchment

A constitutional amendment aimed at entrenching the Office of the Ombudsman in the Constitution was published by Acting Prime Minister Tonio Borg yesterday.

The opposition still has to declare its stand on the matter.

Another proposal being made is for the retirement age of the Attorney General and magistrates to go up to 65.

Dr Borg told a news conference the government felt the time had come for the institution of the Ombudsman to be enshrined in the Constitution.

The proposal had originally been made by Malta's first Ombudsman Joseph Sammut in his 2003 report.

He had said that in homage to the role the institution has fulfilled, it was felt that the office should get its basic inspiration from the Constitution.

Then, in November 2004, the House Business Committee had discussed the proposal in the presence of the Ombudsman who again appealed for the office to be enshrined.

Labour's representative on the committee, Helena Dalli, had personally agreed with the proposal.

Dr Borg said that during the discussion on the Ombudsman's 2004 report last January, he had said that the government had considered the proposal and the Cabinet had approved in principle an amendment for the entrenchment.

Dr Borg said he had written to the opposition shortly afterwards proposing the amendment, but seven months later, no reply in favour or against had been received.

He appealed to the opposition to give its reaction especially since some MPs had already expressed themselves in favour.

If the opposition fails to reply, the government has three options: It can retain the status quo, move the amendment in Parliament just the same, or include the amendment in the Constitution but this would not be entrenched, as entrenchment required a two-thirds majority.

The government has, however, not yet decided which option it would take.

Contacted yesterday, opposition justice spokesman Anglu Farrugia said the letter sent by Dr Borg in January had not been answered because it did not only deal with the Ombudsman and the retirement age of magistrates and the Attorney General. There had been other issues and the MLP's stand had been requested on the whole package.

He said the party will now take a position on the two issues after debating them within its parliamentary group.

Personally, however, he had no objection and felt it was unlikely the party would object to the proposals.