It may not have been the most appropriate medium to announce a constitutional post but it was through a tweet from the Prime Minister that the country learnt of the appointment of the new Parliamentary Ombudsman, following agreement reached between the government and the Opposition. Parliament subsequently unanimously approved the nomination of former Auditor General Anthony Mifsud as Ombudsman, of Charles Deguara as Auditor General and Noel Camilleri as his deputy.
Mr Mifsud succeeds Joseph Said Pullicino, who was appointed Ombudsman in 2005 and whose final term expired. Dr Said Pullicino has been a formidable Ombudsman, unflinching, resolute and outspoken where necessary. He has raised the profile of his office, driving home the message that the Ombudsman plays an essential constitutional role by constantly keeping the government in check.
The unanimous approval by Parliament of his successor and the new Auditor General was a good start for the incumbents, a decision taken free from controversy and away from the more rowdy sessions that have become common ever since parliamentary sittings started being transmitted on television. Yet, there are problems, holdovers that the new Ombudsman must face. The first concerns Parliamentary Secretary Ian Borg.
Last December, the Ombudsman’s Office released a damning report that called for a review of a development permit issued to Dr Borg to construct two dwellings in Rabat. The Ombudsman criticised Dr Borg for choosing “a somewhat devious method to file the development application”. He also recommended a review of the permit issued by Mepa.
The government did not move on that report but, instead, awaited the conclusions of another unrelated inquiry on the same case by the Commission against Corruption. This second inquiry found no proof of corruption but Dr Said Pullicino said the commission’s conclusions did not negate the irregularities by Mepa.
In the end, no action was taken on Dr Borg’s case. A government spokesman said that Mepa had come up with “very convincing” information and had pointed out “technical shortfalls” in the Ombudsman’s report. In other words, the government opted to believe Mepa and not the Ombudsman that had chastised it.
Apparently oblivious to the fact that the Ombudsman’s report was being ignored, the government spokesman defended the administration’s position by saying it “never attacked” the Ombudsman.
President Marie Louise Coleiro Preca clearly thinks otherwise. She said at the swearing in ceremony for the new Ombudsman: “The Ombudsman will be given greater value if the executive takes up his recommendations.” Despite Dr Said Pullicino’s public disappointment, the government did not act on his recommendation and the fact that the case involves a junior minister makes the government’s snubbing even more serious.
Another issue the new Ombudsman will have to face concerns promotions in the Armed Forces of Malta. This issue dates back to 2013 and is about complaints filed by officers over a series of controversial promotions just afterthe election.
The Ombudsman was unable to investigate because the government refused to collaborate arguing he had no jurisdiction. The case went before the courts when it really should not have ever ended there if the government truly respects the Ombudsman’s Office.
The unanimous approval by Parliament of the new Ombudsman could have well done without these two thorny issues.