Antonio Ghio, the former chairman of the Malta Communications Authority, insisted yesterday that his resignation was forced and he had had no option but to step down.
“My resignation was definitely not voluntary. I was left with no option,” Dr Ghio told Times of Malta.
On Monday, Economic Affairs Minister Chris Cardona claimed in Parliament that Dr Ghio resigned voluntarily.
However, Dr Ghio reiterated his belief that his removal was in breach of national and EU legislation.
The MCA is responsible for regulating the entire telecoms sector and is supposed to operate without Government interference, according to EU law.
Nationalist MEP Roberta Metsola recently asked the European Commission if Dr Ghio’s removal was compatible with the EU Telecoms Framework Directive.
Dr Ghio offered his “forced” resignation as authority chairman on March 14. He was requested to do so in a letter from outgoing Communications Ministry permanent secretary John Gatt on March 12.
On that same day, a letter was sent by outgoing principle permanent secretary, Godwin Grima, at the request of his incoming replacement, Mario Cutajar, to all permanent secretaries.
It explained that all chairmen and board members falling under their ministries were expected to offer their resignation “in order to enable the Government to effect any changes that are considered desirable”.
Under fire from several Nationalist MPs in Parliament on Monday, the Economic Affairs Minister alleged that Mr Gatt must have sent the letter to Dr Ghio on March 12 “behind our backs”.
Dr Ghio yesterday refused to comment on Dr Cardona’s assertion, insisting repeatedly that he did not want to be seen as a political figure or engage in party politics.
Asked if he wanted to be reinstated as MCA chairman, Dr Ghio said: “I don’t want to enter into any kind of political discussions.
With the European Commission now involved I will leave Parliament and the Commission to do their work.”
Last week, a Government spokesman told Times of Malta that Dr Ghio “chose” to resign when he could, in fact, have refused to do so.
But Dr Ghio pointed out yesterday that there was a stark difference between resigning and an offer of resignation.
Indeed, the letter from Dr Grima on March 12 stated: “Such offers of resignation become effective only if and when they are accepted by the minister concerned.”
Dr Ghio’s resignation was accepted on April 30. When he asked for an explanation from the Government, Dr Ghio was told in writing that he was being replaced in light of a change in administration.
The EU Telecoms Directive stipulates that the head of national telecoms regulatory authority may only be dismissed if they can “no longer fulfil the conditions required for the performance of their duties”.
This was transposed into the Malta Communications Authority Act,which states that members could be removed if the minister feels the member is “unfit to continue in office or has become incapable of properly performing his duties”.
In 2009, the European Commission opened infringement procedures against Romania over its government’s decision to remove the president of the national telecoms regulator and, after a court ruling suspending this decision, to restructure and rename this authority, represented, a “serious violation of the regulator’s independence.”
Dr Ghio took up the position of MCA chairman last December after being appointed by the previous government.
According to law, MCA chairs are supposed to serve a minimum of 12 months, meaning he could have been replaced without fuss at the end of this year.