Ombudsman says report on waste plant not completed - urges confidentiality

The Ombudsman, Chief Justice Emiritus Joseph Said Pullicino, in a statement this afternoon insisted that the report on the Sant Antnin waste recycling plant has not been completed yet.

In a clear reference to the warning by Carmel Cacopardo that he would publish the report if the Prime Minister did not, the Ombudsman said:

"Loyalty imposes the duty to be correct, maintain confidentiality of information obtained in the performance of one’s duties, and that such officer does not abuse his position for personal aims. An officer in the public sector carries with him such obligations even after he ceases to be so employed".

Mr Cacopardo used to work with the Mepa audit officer but is now an election candidate with Alternattiva Demokratika.

In his statement, the Ombudsman said:

It is not correct to say that the MEPA Audit Officer had finalised any report on the plant. He was still investigating, and had not formed a final opinion, and, more so, he had not made any recommendation on the case. It was at this stage that MEPA had recourse to the Ombudsman as to whether the Audit Officer should or should not continue with his investigation.

Act XXI of 1995 which established the Office of the Ombudsman specifically provides that Ombudsman suspends his investigation if any interested person files a demand before any Court or other Tribunal on the subject matter of the investigation (Art 13.5). Since the merits of the appeal before the MEPA Appeals Board were identical to those being investigated by the Audit Officer, the Ombudsman advised him that it would not be proper to proceed with his investigation pending the decision of the Appeals Board.

MEPA’s Audit Officer whose functions are similar to that of the Ombudsman, bound himself of his own accord, to follow in principle the policies of the Office of the Ombudsman. The same Audit Officer had himself drawn out a policy based on these principles. The Audit Officer opted to follow the Ombudsman’s advice.

The rules of good administration put an onus on an officer in the public sector to carry out his duties diligently and transparently but also with loyalty to his office. Loyalty imposes the duty to be correct, maintain confidentiality of information obtained in the performance of one’s duties, and that such officer does not abuse his position for personal aims. An officer in the public sector carries with him such obligations even after he ceases to be so employed.

Finally the Ombudsman notes with satisfaction that all the political parties are conscious of the need to ensure transparency and correct behaviour at MEPA and they have put forward concrete proposals in this respect. Anybody may become liable to corruption and to maladministration. It is the duty of every Government to ensure that the public administration is safeguarded at all levels. The Ombudsman will continue to strive, as he has done in the past, to contribute in the field of observance of the law. This is also what the Audit Officer (MEPA) has done and is doing."