MCCF 'cannot enrol as an NGO'
The Malta Community Chest Fund could not be enrolled as a voluntary organisation even if it wanted to, the Attorney General, Silvio Camilleri, has insisted.
"My office was consulted on the matter way back in September 2008 and the advice was and still is that the Malta Community Chest Fund is ineligible for enrolment as a voluntary organisation in terms of the provisions of the Voluntary Organisatons Act. In fact, the Commissioner for Voluntary Organisations is precluded by law from enrolling it as a voluntary organisation so that even if the MCCF wanted to be enrolled as such it could not be so enrolled.
"All persons and organisations, big or small, should conform with the law.
"The Malta Community Chest Fund is in complete conformity with the law," Dr Camilleri said.
Dr Camilleri's comments were sought in the wake of complaints by enrolled organisations in the Council for the Voluntary Sector, which said the MCCF had received preferential treatment by being allowed to raise funds during the marathon L-Istrina even though it had not registered with the NGOs Commissioner.
The commissioner, Kenneth Wain, has said he could not comprehend why the MCCF was refusing to enrol with his office and has threatened to resign if his authority continues to be undermined. Through an official statement, the MCCF said it was not prepared to enrol as a voluntary organisation "just to satisfy the whim of whoever has a different opinion".
Reacting to the official statement, Prof. Wain declared he had every respect for the President, admiration for his honest dedication to assist good causes and individuals in need and for the work and drive of the MCCF and the hundreds of volunteers it mobilised for its noble cause.
"However, among the many responsibilities laid on my office by the Voluntary Organisations Act (2007) one charges me with 'monitoring the promotion of voluntary organisations and the behaviour of administrators of such organisations to ensure the observance of high standards of accountability and transparency and compliance with law.' (article 7 (h)) This is the only consideration that has motivated my action as commissioner with respect to the MCCF, no other," he said.
He noted that he had never contested the Attorney General's advice to MCCF that it "is not in duty bound to enrol and register itself as a voluntary organisation".
"This is not the issue with regard to L-Istrina. The issue arises from article 4 of the law, which states that to 'be the beneficiary of grants, sponsorships or other financial aid from the government, any entity controlled by the government or the Voluntary Organisations Fund', a voluntary organisation must be enrolled with the commissioner.
"Though the MCCF and Id-Dar tal-Providenza have every right not to enrol with the commissioner, PBS, as a state entity, is in breach of the law in allowing either of them to make use of its resources, never mind, in the case of the MCCF, turning L-Istrina entirely over to it. In the case of Id-Dar tal-Providenza, which is a Church organisation following the Curia's directive not to enrol with the commissioner, this is a flagrant example of abuse of the law by PBS because there was no ministerial exemption for Id-Dar tal-Providenza, as there was in the case of the MCCF. Again, this is not a reflection of my personal view of the institution, which I admire very much."
Prof. Wain noted that the law laid down that "In the exercise of his functions, the commissioner shall act impartially and shall not be subject to the direction of any other person or authority (article 7.2)". That, he pointed out, both guaranteed his autonomy and also obliged him to observe it against the MCCF's advice to defer to the authority of the Attorney General.
He commented on the fact that the list of beneficiaries for L-Istrina 2009 was still not in the public realm. "The MCCF's publication of its audited accounts in leading newspapers is what is required by law and in accordance with the Public Collections Act. However, 'transparency and accountability' means more," Prof. Wain added.
As to criticism that he ignored "repeated invitations" to nominate a representative of the Council for the Voluntary Sector to sit ex-ufficio on the MCCF board, he insisted it was not in his legal power to make any such nomination. If anything, that could be done by the council itself. He also pointed out that there had been only one such invitation.
He continued:
"I first discussed the MCCF with the President personally in a courtesy visit he kindly made to my office on March 23, 2009 when I encouraged him to consider enrolling the fund. In early September 2009, my office received an inquiry from the MCCF signalling that it was considering enrolment. My legal consultants advised me that, with some changes to its statute, the MCCF could enrol with the commissioner. The MCCF's inquiry, however, was not pursued further.
"In a letter of July 3, 2009 I wrote to the President encouraging him to commence enrolment procedures. I ended my letter with this appeal: 'Such enrolment will also send a strong signal of your support in the current drive my office is making to encourage voluntary organisations to follow suit in the interest of transparency and accountability in the administration of funds collected from the public'.
"On September 22, 2009, I wrote again in reply to a letter of August 17, 2009 from the MCCF enclosing my legal consultants' full advice that the MCCF qualifies for enrolment with the commissioner in terms of the law. It included advice on the problems that would be encountered with L-Istrina were it not to enrol. My covering letter said: 'I think that at this stage a personal meeting between myself and His Excellency the President, as MCCF chairman, rather than a further exchange of letters, is probably the best way forward'.
"This letter was acknowledged on October 27, 2009 but not replied to. On October 7, 2009, I wrote again repeating my advice on L-Istrina, which letter was unacknowledged. On December 10, 2009, I wrote to the chairman of PBS once more pointing out its violation of the law if L-Istrina went on. I had no desire to interfere with the event. As in everything else, I did my duty. At this point, the Minister for Social Policy intervened and used his powers under the law to grant the MCCF blanket dispensation from its provisions for L-Istrina 2009."
Popular Stories
Update 3: Woman found dead in car,...
Updated: Woman dies in car crash
Carm Mifsud Bonnici resigns after...
Part of Dwejra 'Azure window' collapses
The end of the bar that ‘never closed’
Bundy does not know whether to...
Updated - Jason Micallef demands...
This WAS the night - Kurt makes it...
Petrol price up 6c
In Discussion
Updated - Jason Micallef demands...
Gozo tunnel could take 5-7 years to...
CABS remote controlled aircraft shot...
Carm Mifsud Bonnici resigns after...
Joseph Calleja condemns portrayal of...
Updated: Labour would give...
CABS drone shot down
Second group of migrants arrives
Adrian Vassallo in scathing...
20 Comments
Post comment
Please sign in or create your Account to post comments.
J Farrugia
Jan 9th 2010, 20:25
Are you still the CVO Commissioner mr Wain? Why not resign? RESIGN. The people of Malta are calling on you to resign immediately.
Gorg Camilleri
Jan 9th 2010, 20:22
Bhala nies volontarji ahna nahdmu ghal ghan nobbli li nigbru flus ghal kawzi gusti u hadd u xejn mhux ser iwaqqafna. L-ebda burokrazija mhi ser izzommna milli naghmlu dak li ghandna naghmlu. jekk irid il-gvern inehhi din il-ligi jew jemmendaha biex ma jhallix indhil sfaccat ta' nies li ghandhom agenda mohbija jhassru x-xoghol taghna l-voluntiera. Ahna qatt ma sraqna 'l hadd u x-xoghol taghna jidher u japprezzah kulhadd.
M. Debono
Jan 9th 2010, 14:21
@ Louise Vella
If you do not agree with the way they distribute money - do not donate money.
I trust MCCF and Dar tal-Providenza completely, and I am never going to check what they do with the money I donate to them. If you visit Dar tal-Providenza and have the courage to enter - you will never ask that question!
There are NGOs in Malta who I do not trust. I will simply never donate money to them.
I'm never gonna attack them or anything. Instead I will donate to those whom I deem trustworthy, in the knowledge that they will make the best use with my money.
M Farrugia
Jan 9th 2010, 14:15
Nixtieq nistaqsi jekk il-kumitati tan- nar, il-kumitati tal-festi, dawk li jigbru ghas-seminarju, jistawx ghamlu hekk jekk ma ikunux membri irregistrati skond il-liġi tal-volontarjat. Bhal dawn hemm hafna oħra li qed jiksru l-liġi kuljum u hadd ma jaghti kaz.
Carmel Mifsud
Jan 9th 2010, 14:12
Now that the AG has finally confirmed that MCCF was in full compliance with the law and that Prof. Wain was duty bound (in accordance to law) to even refuse enrolement of MCCF if it wanted to register as an NGO. This leads me to one conclusion. Kenneth Wain created all this doubt about MCCF for no clear reason, hence the only way out in the interest of NGOs is for Kenneth Wain to resign. Failing to do so, what credibility is left in the Commisioner for Voluntary Organisations Prof. Wain?
r.spiteri
Jan 9th 2010, 14:06
Mr Chairperson of the 1980's Mr Magro,
so if the MCCF are not obliged to enrol as they are a public org, I think they know that the money goes to enrolled NGO's as the law stipulates.
Thanks
Mike Micallef
Jan 9th 2010, 13:31
Jimmy Magro
there had already been an official response by the Govt on New Year's Day, you must have missed it. It s on http://www.doi.gov.mt/EN/press_releases/2010/01/pr0002.asp
Jennifer Mallia
Jan 9th 2010, 13:15
@ louise vella
Please do not allow your lack of knowledge to serve as the starting point for your argument. The MCCF has, for over 15 years, held public events when the money was donated to its various recipients ( not individuals for obvious reasons ). This was even before Istrina was born, when there was the original Milied Flimkien happening in and around the entrance to Valletta. Referring to back door donations is just not fair, especially since MCCF accounts are audited annually with the audited accounts appearing on newspapers. We should not allow ourselves to base our supposedly rational argumentation on rumour, insinuation and suspicion. The MCCF is chaired by the President (whoever he/she might be), and the Board is made up of representatives of political parties, unions, constituted bodies, banks, and other organisations. I find it well nigh impossible to believe, or even suspect, any back door or underhand activity, and consider the MCCF to be an august institution, which, even before we had a law, served as a beacon of respectability to all NGO's, since it itself can never be an NGO, as it is practically a state (not govt) organisation.
r millam
Jan 9th 2010, 13:12
I can not see where the commissioner has gone wrong.
either the MCCF were breaking the law in (The issue arises from article 4 of the law, which states that to 'be the beneficiary of grants, sponsorships or other financial aid from the government, any entity controlled by the government or the Voluntary Organisations Fund', a voluntary organisation must be enrolled with the commissioner.) or not. as the law stood they were.
And had to have (the Minister for Social Policy intervened and used his powers under the law to grant the MCCF blanket dispensation from its provisions for L-Istrina 2009.")
So untill they were given dispensation they were breaking the law. and the commissioner was duty bound to uphold it.
perhaps the law should have been written differently. but as it stands the commissioner was right.
Jimmy Magro
Jan 9th 2010, 12:58
@Public Governance
I think that in such cases, the Government is bound to provide a rapid response to the accusations that where blown by Kenneth Wain. Damage to the state can also be done by another state institution. The state is bound to respond immediately not only to statements made by the Opposition.
In view to the fact that it is very clear that both the CVO and its legal advisor have failed to give a sound interpretation of the Act they are bound to observe, their only honorous way out is to lay their resignations before Monday 0800hrs.
There are still many questions to be answered. If Wain believed so much in his thesis why did he wait to raise the matter during a visit to his office by the current President of the Republic? Does this mean that if the President of the Republic did n ot visit his office, the matter would not have been raised?
Who contacted Kenneth Wain? The Times or the other way round?
When is the Government to express its opinion whether they still have confidence in the CVO?
Jimmy Magro
Jan 9th 2010, 12:49
I am finally relived to have read an official response from the Government about the issue created by Kenneth Wain; and I am more satisfied that the AG has confirmed mu thesis on the issue, i.e. that the MCCF cannot be enrolled as a voluntary organisation with the CVO. This is due to article 39 of the Act. It is a pity that the lawyer who drafted the law could not come to the same conslusion; rather on the contrary he took the line of the CVO. Birds of the same feather flock together.
@louise vella
you are missing the point all the time. the issue created by the CVO was not about the transparency or accountability of the MCCF but on the insistence that the MCCF must register with the CVO. The other matters that you have blogging about are secondary matters that can be remieded by the MCCF. But all and sundry must understand that the current President has already improved on what he inherited and people should acknowledge this.
louise vella
Jan 9th 2010, 12:43
In some foreign countries it was found that some Church charities were used to pay the legal fees of priests accused of paedophilia. And we know how high are the fees of
good criminal lawyers. Heaven forbid that such things would happen in Malta!
J.Tonna
Jan 9th 2010, 12:04
MELA SEWWA JGHID IL-MALTI: 'IL-HOBZ TIEH LIL MIN JAF JIEKLU'.
louise vella
Jan 9th 2010, 11:59
All this legal quibbling! Let's abide by common sense and decency. In the 21st century the public contributing money for a cause expects to be told how it has been distributed. That's the meaning of accountability. The accounts have to be clear enough for everybody to understand. That's the meaning of transparency. The law which Professor Wain has the duty to apply was intended to introduce transparency and accountability in the sector of voluntary organisations, which should include all NGOs.
It seems that the Church and the MCCF fall short of the desired level of transparency and accountability. Since the beginning of their existence - so the present President and Archbishop are not at issue.
In the case of MCCF the position can be remedied if President Abela publishes an account of how money was distributed to "entities" since 1990 or perhaps since the year 2000. He could give the name of the "entity" and how much it received in money and in kind, year by year. This way contributors can tell if they agree with the way the money was distributed. This money is now running into millions and it cannot go on being distributed by the back door.
Charles Zammit
Jan 9th 2010, 11:35
This is nothing but a flagrant flop by Profs Wain who went as far as threatening to resign over the issue. He should either leave or be made to leave. The sooner he leaves the better for the Commission for Voluntary Organisations to regain the public's respect and trust.
M. Debono
Jan 9th 2010, 11:18
You know what?
There are a lot of NGO - all of them with their own agenda.
However in my opinion MCCF and Dar tal-Providenza are two organizations, which help everyone and everybody who needs their help - obviously within their criteria.
Currently I support them a lot, and it is irrelevant to me whether they are breaking the law or not, because I will continue to support them whatever what. Even Robin Hood was breaking the law in his time!
To attack MCCF and Dar tal-Providenza after all the help they're giving to all those who need it is madness at its very best.
Professor Wain - go to Marsa and water you know what.
Miguel Micallef
Jan 9th 2010, 11:06
"following the Curia's directive not to enrol with the commissioner"
:)
You've just got to love the church's honesty .
Mike Micallef
Jan 9th 2010, 10:51
@ Joe Vella
The law is quite clear about organisations with state appointments etc - Article 39. (1) of Chapter 492 of the Laws of Malta (Voluntary Organisations Act) states -
“ ...., an organisation shall not be enrolled as a voluntary organisation in terms of this Act if: (a) the State has the power to nominate, appoint, change or remove the administrators of the organisation; or (b) the organisation is a public agency.” ( All laws are online at the MJHA.gov.mt and at the doi.gov.mt websites)
That makes the issue clear enough, as the MCCF has civil servants administering it, as well as volunteers.
Joe Vella
Jan 9th 2010, 10:42
Dr. Camilleri could provide further clarity on the subject matter and gives us the legal reasons why the Voluntary Organisation Act precludes the Commissioner of Voluntary Organisations to register the MCCF under the ACT as a voluntary organisation.
Mike Micallef
Jan 9th 2010, 10:21
At this stage, one has to ask - What was all the fuss about then? It seems that the MCCF has been observing the law, as it should, all along, as I had occasion to comment on numerous such pages.