Editorial

A person against whom an injustice is done is doubly aggrieved when redress ordered by a tribunal is ignored. The matter has been receiving a great deal of attention lately, particularly following protests filed in court over non-implementation of favourable recommendations for redress, a reply to a parliamentary question on the subject and comments made in the wake of talks between the government and the opposition.

Only a few weeks ago, the Prime Minister, Lawrence Gonzi, told a Labour member of Parliament, in a reply to a parliamentary question, that there were 13 favourable recommendations made by the Tribunal for the Investigation of Injustices that had not yet been implemented. A number of these, he said, were being contested in court because certain companies were no longer owned by the government and others had failed to implement the tribunal's recommendations. He pointed out that in certain other cases the Public Service Commission (PSC) did not agree with the tribunal's recommendations.

Thirteen may not appear to be a big figure but when it comes to correcting injustices, any figure, even one, counts. Those who are awarded redress have every reason to see that this is done, and to the full, not partially. The Prime Minister did not give details in his reply to the parliamentary question about the cases being contested in court but in one of the latest cases, for example, a company is refusing to implement a tribunal's recommendation because it has since been privatised. Clearly, the reason is not good enough. Without going into the legality or otherwise of the issue involved, if an injustice is found to have been done, the company ought to play ball and respect the tribunal's award, irrespective of whether the company has been privatised or not.

The Ombudsman, Chief Justice Emeritus Joseph Said Pullicino, has thrown the spotlight on the matter, arguing it is the duty of public authorities and bodies, including those set up under the Constitution, such as the PSC, to acknowledge and, whenever circumstances so warrant, implement decisions by the Tribunal for the Investigation of Injustices.

It may well be true that certain particular circumstances may prevent the government, a public authority or body from implementing a favourable decision given by a tribunal, however much it may want to do so. In such cases the principles of fair play and justice ought to be observed and an adequate redress given. A one-time award of compensation may not be enough to redress an injustice, particularly if, for example, the injustice negatively affects a person's pension entitlement.

The opposition is known to have been discussing the issue with the government and, according to information given only a few days ago, progress has been made in identifying the cases that need to be resolved. In addition, the Ombudsman is also making very valid proposals aimed at strengthening administrative audit. It looks the momentum for action is picking up fast now.