Disgraced selection board can be named
‘No reason for them not to made public’
Data Protection Commissioner Joseph Ebejer.
Data Protection Commissioner Joseph Ebejer has rebuffed the Health Ministry’s claim that the members of a disgraced selection board could not be named because of legal restrictions.
The selection board last year picked four individuals to fill medical consultancy posts, despite none of them satisfying vacancy requirements.
Board members then re-acted to a Public Service Commission request to explain themselves by disclaiming responsibility for the appointments, prompting the PSC to call for the board’s dissolution.
The ministry, citing data protection concerns, has declined to reveal the identity of the board members, saying simply that the members’ disclaiming of responsibility was “unprecedented” and could be subject to disciplinary action “if necessary”.
But the data commissioner has now said there was no reason for the ministry to keep the members’ identities under wraps.
“I don’t see there is any data protection issue in this case,” Mr Ebejer said.
“People are appointed to government boards in their official capacity, not as private citizens.
“There is no reason for the board members’ names not to be made public,” he said.
Mr Ebejer adopted a rhetorical tone. “If an MP were to ask for the board members’ names in a parliamentary question, would they get an answer?”
If the ministry’s data protection claim held water, the answer would be “no”, he continued.
He recalled how, as permanent secretary within the then-Social Policy Ministry, he would regularly process PQs requesting the names of selection board members.
The president of the Medical Association of Malta, Martin Balzan, defended the ministry’s decision and said board members’ names need not be publicised.
“The four cancelled appointments stem from grey areas in the 2007 agreement between the MAM and the government. You can never think of all the possible permutations when drafting such an agreement,” Dr Balzan said.
Those grey areas had now been ironed out, following the PSC’s “serious” investigation into the appointments on the MAM’s request, he said.
It was now clarified that candidates to medical consultancy posts must be registered in Malta as specialists and have two years of specialist experience from the date of their registration.
Such requirements had already been in place. They have now been clarified to prevent any future misinterpretation by selection boards. “We are happy with the way things have gone, though it would have been better had things moved quicker because it is patients who lose out in such cases,” Dr Balzan said.
He argued that it was unfair to target the selection board members in question, given that a PSC decision could have contributed to the bungle.
“Board members are extremely competent in their medical fields but not as well-versed in administrative matters.
“And, at the time, the PSC had decided not to appoint a civil servant to the Health Ministry’s selection board.”
Health Minister Joe Cassar and the permanent secretary, Kenneth Grech, had both done the right thing in waiting for the PSC to conclude its investigation before taking action, Dr Balzan added.
Questions sent to the PSC were not replied to at the time of writing.
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Richard Farrugia
Jul 28th 2012, 09:00
Let us all protect persons like Mr Ebejer! Let him go and break the silence. Let us know who are the culprits!
Jay Oatmon
Jul 27th 2012, 05:35
I Malta it seems we get what is easy and not what is right!
mark johnson
Jul 26th 2012, 20:45
I can name them now: Dozy, Bashful, Grumpy and .........
Mr Evan Camilleri
Jul 26th 2012, 19:54
Well said!
Ronnie Callus
Jul 26th 2012, 18:44
You Mr.Ebejer as commissioner of the Data protection is being admired by most. because What is Right you call it so and when it is Wrong you do as well. In this case and may be others in the past the persons in high position try to hide them from their wrong doings by not mentioning whom they are under the pretention of the Data Protection Act. Mr.Ebejer keep at it because the citizens have got the right to know, or else the wrong doings are never going to be known ! to the detriment of important posts entitled to the those who really merits them.
Monica Muscat
Jul 26th 2012, 18:11
Well done Joe. I knew that with you as Commissioner in this delicate administrative area, the so called "grey areas" will start being eliminated. Zero tollerance with regards to possible abuse of public appointments and posts!
Keep at it Mr. Ebejer. It has been some time since the Government came upon such a serious minded person. Really the right man for the right post.
Good Luck
Monica Muscat
Ray Buhagiar
Jul 26th 2012, 17:04
What does it matter if they are named or not?
Monica Muscat
Jul 26th 2012, 18:17
Of course it matters! And how! I was under the impresstion that whenever the Government set up or re-appointed at Board or Commission, the names of the Chairperson and Members is published in the Government Gazette! Perhaps I am mistaken, but in any case, this is what I believe, should happen. If this is not done, than anyone can "play around" with appointments and allocation of posts, without running the risk of being "caught out". After which, if one or other, or all of the members are found lacking - that who takes the blame - NO ONE.
Monica Muscat
Peter Simpson
Jul 26th 2012, 16:52
Sewwa ukoll issa, johorgu ghal public office u iridu jibqghu anonomi:I thought that transparency and fairness are a must in an open society?
Michael Bugeja
Jul 26th 2012, 16:09
Nies bhas sur ebejer irridu f'dan il pajjiz ha jnehhi neputizmu li jezizti hawn go din il- helwa daqs iz-zokkor Malta
Henry Mifsud
Jul 26th 2012, 15:50
Under this administration I never sat on a board appointed by government and the only time I sat for an interview in front of a PSC board, I ranked 2nd to one of my juniors who was not even qualified to apply let alone get the post.
Perhaps this has to do with the fact that I am definitely NOT a YES Man!
Eddy Privitera
Jul 26th 2012, 17:04
You are 100% right ! And i suppose you were not a known PL supporter too. This administration discriminates even against those who vote PN but will never succumb to political interference against their better judgement !
Edgar Azzopardi
Jul 26th 2012, 15:32
it is said that these board memebers are very cpable in their work adn so should not be named and shamed. Fine. But are they as competent when it comes to appoinments of person to delicate posts like those of medical doctors who have peopels lives in their hands ?? - that is the question.
They have put ' into the market' persons who are not competent enough for the post they were given . These are MEDICAL DOCTORS for goodness sake - people who deal with lives of patients. The appointees were not up to scratch and so this could have casued untold tragedies. This is what you would expect from 3rd world countreis - not Malta!
There must thave been a reson why these people weer chosen- even without the necessary qualifications
. I suspect it is politics. How shameful !
Name the members of this Board. The public deserves to know . They should be banned from sitting on any such boards. The should be disciplined for such a serious misdeamenor.
They were playing with our lives.
Angus Black
Jul 26th 2012, 18:58
While the appointments of four consultants not suitably qualified should have never taken place, neither a strike by Maltese doctors should have lasted ten years and had it not been a change in government, who knows how much longer it would have gone on for?
During the strike the government imported foreign doctors who could not speak Maltese and hardly any English. How about service? Who was ever held responsible for such a nasty and irrational decision?
J Farrugia
Jul 27th 2012, 09:26
Angus, you have to bring up the past. This is 2012 things like this should not be happening, never heard the term learn from the past mistakes?
My god we need a change in this country.
Charles Alamango
Jul 26th 2012, 15:28
Kummiedja wara l'ohra u hadd ma jerfa resposabilita ta ghemilu u jhallas ta htijitu. Vera pajjiz tal Mickey Mouse.
D Vella
Jul 26th 2012, 15:17
Legal Restrictions my FOOT!!! Selection Boards, their constituents and their proceedings are a matter of public record in a civilised country and if the objective of proper democracy and transparency are to be served such information should be available to any member of the public on demand!! Is the Health Ministry living in some imaginary Orwellian totalitarian state or is it trying to hide something that it would prefer not to be made public??
Frans Aguis
Jul 26th 2012, 15:04
nepotizmu sfrenat
Frederick Frendo
Jul 26th 2012, 15:01
now what ? is somebody going to resign ?
Frans van Avendonk
Jul 26th 2012, 14:29
One wonders whether they also cancelled/refunded the remuneration they received for the responsibility they (not) had?
pat muscat
Jul 26th 2012, 14:20
In which other European countries these blatant abuses are hidden under the carpets as if its normal? No where; its no wonder that in 2005 we started off in the 25h place on the index of Transparency International, in 2010 we were placed the 45th...and today, after hearing these stories, we are probably looking down into the abyss.
R. Cilia
Jul 26th 2012, 14:19
Thumbs up for Mr.Ebejer for speaking out.
"Board members are extremely competent in their medical fields but not as well-versed in administrative matters."
Dr.Balzan, ignorance is no excuse.
j brincat
Jul 26th 2012, 14:16
"The president of the Medical Association of Malta, Martin Balzan, defended the ministry’s decision and said board members’ names need not be publicised."
So now, following Mr Ebejer's decision will they be named? And when?
Supposingly in the Republic of Malta NO ONE is holier than the Pope! In her eyes we are all her equal children. So everyone expects, as it should be, to be treated as such! But is this reality?
(jb)
Paul Gauci
Jul 26th 2012, 14:15
That's what happens when a country has no real leadership. Scandals, irregularities and lack of responsibility. You can all thank the GonziPN system for this. After all we all know who 'SELECTED' these board members.
Joe Busuttil
Jul 26th 2012, 13:57
What about naming the four "consultants" chosen? The people have a right to know which consultants are for real and which are not. Our health is of utmost importance and for sure I ,for one,won't consult any of these "consultants." Maybe ,also,naming them will tell us a lot why it was they who were chosen and not others.
Adrian P. Cassar
Jul 26th 2012, 16:20
Dear Joe.....one of the "ineligible" consultants is a consultant surgeon in Glasgow with the NHS and the Maltese government is paying for complex patients to be sent to him in Glasgow. So, unfortunately, the criteria set were absurd.....but the PSC, wrongly, decided to ignore these criteria!
Joe Busuttil
Jul 26th 2012, 19:42
@ APC-- What about the other three?
Adrian P. Cassar
Jul 26th 2012, 20:49
All are working in UK, if I not mistaken 3 have consultant jobs in UK. The problem is definitely not their competency. The problem is that someone wanted to bend the rules, which were designed to favour those giving their service to the country, in favour of those working in UK.
In the UK you become a consultant as soon as you finish your training....in Malta you are eligible after 2 years. The PSC decided to ignore the 2 year rule. This was because the head of surgery wanted to wait for these people to be eligible before issuing the post, while the government issued the post as soon as they became vacant. The head of surgery still chose the people he wanted, thinking he would get away with it!!
Joe Busuttil
Jul 27th 2012, 13:11
@APC-----Thanks for making things clear and explaining what actually happened. You understand that people not familiar with these things might get the wrong message as to what actually happened.
ANTHONY PAVIA
Jul 27th 2012, 16:51
The way Mr Cassar explains it seems to make sense. However, it looks like there was political consensus (push?) to bend the rules. Now I would say punish the Head of Surgery for either bending the rules or his principles (capise).
Alexander Genuis
Jul 26th 2012, 13:32
Mela sewwa,Haddiem komuni mal-Gvern jekk jizbalja nsallbuh u Board shih li Ghazel erba min-nies biex jahdmu bhala Konsulenti,f'post daqshekk delikat,minghajr ma kellhom il-kwalifiki mehtiega,ma nsemmuhomx!Ghala?Dawn jahdmu mal-Gvern u l-ligijiet jghoddu ghall Kulhadd l-istess!!!!!!!!
Ivan Grech Mintoff
Jul 26th 2012, 13:13
Can someone tell me, where the posts cancelled or did the four that "The selection board last year picked four individuals to fill medical consultancy posts, despite none of them satisfying vacancy requirements." still remain as consultants?
Adrian P. Cassar
Jul 26th 2012, 16:21
No, they were never appointed. Though some are already consultants in UK
G Schembri
Jul 26th 2012, 12:45
The Board members disclaimed responsibility for the appointments, will they also return the money they received as payment for sitting on the board, since they are not prepared to shoulder responsibility.
Peppi Borg
Jul 26th 2012, 12:21
How could one wonder at the poor state of the health sector in Malta after all this shame is uprooted?
Edward Mallia
Jul 26th 2012, 12:18
Very public spirited of Dr. Martin Balzan to defend the ministry's decision not to publish the names of the selection board members. He could even have praised these people for achieving an impossible feat: "cancelling" any responsibility they HAD for the abusive decisions they were party to. In legal language, not much used in this place, that constitutes "apologia di reato". In any case, if Dr. Balzan was speaking as President of the MAM, this association has plumbed the same depths of chicanery as has the Ministry.
Poor fellow my country.
Adrian P. Cassar
Jul 26th 2012, 16:24
MAM and Dr Balzan actually fought against these "illegal" appointments. It is just fighting for correction of mistake. MAM already knows who these people are.
ANTHONY PAVIA
Jul 27th 2012, 08:08
So what is wrong with the rest of us knowing full details as well? These are public appointments and appointees and Joe Public, who is after all financing them, is fully entitled to transparency! Hence the Data Commissioner stand.
alfred seguna
Jul 26th 2012, 12:14
Could be only a small tip of an iceberg may be.I think that Malta needs a good clean up.It is a big coincidence that almost all top hats practice the same religion.You hardly find a single infidil who occupy a top hat position.It is quite amazing that sometimes, sorry most of the time those of the same religion even if they are complete failures they get the best well paid jobs.(musical chairs)And so the story goes on.Now we have two classes ,those who can hardly make ends meet and those who get rich instantaneously with a little help from my friend.
j brincat
Jul 26th 2012, 12:06
Remember that 'Carry On' film series?
We are not far!
(jb)
victor bonello
Jul 26th 2012, 12:42
I love this.. you are so right.. made my day..thank you.. lol
Henry J Bonett
Jul 26th 2012, 11:33
Public affairs are totally the affair of the public. They should be thoroughly transparent and, if need be, openly scrutinised by a truly independent commission, even on television as in UK. Stop hiding beneath fig leaves! We should all be thankful to Mr Ebejer.
Joseph Grech Attard
Jul 26th 2012, 10:59
Il~hmar iwahhal f'denbu u c~cittadin ihallas u jisborzja u jfalli! U niskantaw ghaliex id~dinja qeghda fi krizi?
Christian Sciberras
Jul 26th 2012, 10:30
I'm impressed with Mr Ebejer's response, he just earned my respect on this one.
Manwel Sinagra
Jul 26th 2012, 12:09
I agree. Kudos to Mr. Ebejer.
C. Sammut
Jul 26th 2012, 12:41
Agreed!
David Smith
Jul 26th 2012, 10:26
According to Dr. Balzan, the Minister and the permanent secretary had both done the right thing in waiting for the PSC to conclude its investigation before taking action. What nonsense! First one of them "fattarha" as they say in Maltese, then one waits for the outcome of the investigation into the kawlata. U halluna!!! One of them should assume responsibility for what happened.
F. Scicluna
Jul 26th 2012, 10:04
Shame on the Goverment, using board members to have it his way. Shame on board members who have no integrity at all. No wonder the healt sector is in misery
m. borg (slm)
Jul 26th 2012, 09:45
Once more evidence of a totalitarian regime that is running the country.
Not in the public interest which Public figures make up a board that is concerned with the citizens' health.
Another incompetent minister trying to hide his tracks.
Victor Vella
Jul 26th 2012, 09:44
These disgraced boards where government either directly and indirectly is involved are abound. The health ministry is just one of the many.
Please choose the reason of your report below: