NGO Commissioner Kenneth Wain has retracted his claim that the Foreign Affairs Ministry broke the law when it awarded taxpayers’ money to seven unregistered voluntary organisations.
I find it staggering that my office was never copied in, as is usually the case when such exemptions are issued- NGO Commissioner
However, he criticised the government for not telling his office that these organisations had been granted special exemptions by the minister.
“It is standard practice and common sense to ensure the NGO Commissioner is informed of any such exemptions,” Prof. Wain told The Times.
In a story published yesterday, Prof. Wain berated the Foreign Affairs Ministry for having awarded unregistered NGOs funds as part of Malta’s overseas development aid programme, in violation of the Voluntary Organisations Act.
The Ministry reacted by providing a letter from Family Minister Chris Said, dated January 17, permitting the seven organisations to receive funds. In the letter, Dr Said made reference to a clause within the Act which allows for ministerial exemptions for such unregistered NGOs.
The ministry also pointed out that four of the recipients are individuals and therefore do not fall within the parameters of the law, so could not be registered.
Prof. Wain argued that giving such grants was especially unwise: “Individuals are even less accountable than organisations are. If an individual wants to receive such grants, they should do it the proper way – establish a foundation and register as a charity.”
But Prof. Wain reacted with dismay to news of the letter, saying that yesterday’s article in The Times was the first he ever heard of the exemptions.
“I was never informed, either verbally or otherwise, of any ministerial exemptions for these organisations by anyone from Dr Said’s office,” he said, adding that he would not have released a public statement had he known.
A ministry spokesman had reacted angrily to the Commissioner’s statement, saying that the claim that the government had broken the law was “a blatant lie.”
Prof. Wain argued that had the relevant officials made him aware of the ministerial exemptions, “instead of publishing a statement, I would have aired my concerns about the granting of such exceptions through private channels. But I find it staggering that my office was never copied in, as is usually the case when such exemptions are issued.”
Questions sent to the Justice and Family Ministry asking why the NGO Commissioner had not been informed of these ministerial exemptions remained unanswered at the time of writing.
A press release subsequently issued by the Commissioner ran through correspondence between his office and various ministries, in which he cited the “usual practice” of copying exemption letters to his office.
Disagreements between the NGO Commissioner’s office and the government have been simmering for years, with the Commissioner repeatedly flagging the use of such ministerial exemptions as being a cause for concern.
The vast majority of such exemptions are granted to Church-based organisations, which refuse to register as NGOs amid concerns about falling within the Commissioner’s remit.
This latest spat came about following this year’s distribution of overseas development aid funds, during which €363,000 were handed out to 28 entities for use in projects across the globe.
Questions about the logic in repeatedly allowing such organisations to avail of public funds without transparency and accountability, as required of registered NGOs, remain unanswered.