The Ombudsman has expressed concern that grievances boards set up by the government lack autonomy and independence, do not function in a transparent manner, and do not apply rules in a uniform manner. The boards may even lead to injustices and discrimination against third parties.
The concern was expressed in the Ombudsplan 2016 presented this morning to the Speaker of the House of Representatives.
The Ombudsman, former Chief Justice Joseph Said Pullicino, said he was not against investigation of alleged injustices. However preoccupations arose when these boards lacked autonomy and independence.
He referred to “worrying” cases, including a case where the chairman of the Armed Forces’ grievances board was directed to consider a complaint about an alleged injustice that had taken place while Malta was still a colony and the army was still part of the British army.
The Ombudsman concluded that such situations “foster an opportunistic and politically-clientalistic attitude” while promoting a “retrograde mentality” that erodes transparency and accountability which are the foundations of the fundamental right for a proper public administration.
The Ombudsman said he was also concerned about the Opposition’s initiative to receive claims of alleged injustices while promising an investigation once in government.
He suggested that political parties should come to an agreement against setting up such boards on a change in administration, considering that there were independent and autonomous entities to deal with such matters.
RIGHT FOR INFORMATION
The Ombudsman said every public authority had to give an account of its actions. But it seemed that the public administration was not acknowledging the citizen’s right to be informed. Refusal to disclose information was sometimes accompanied by a “vague and stereotyped justification”.
He suggested that mechanisms should be explored on how Parliament, the Leader of the Opposition and civil society could be informed, under confidential cover, of matters that are legitimately confidential. He indicated Swedish and Finnish examples.