Malta, Parliamentary Ombudsman
<base href="http://t3urednik.sigov.si/varuh-rs/typo3/" />
Parliamentary Ombudsman
MALTA
ANNUAL REPORT 2001
The Annual Report 2001 is the sixth annual report submitted to the House of Representatives in Malta by the Parliamentary Ombudsman in accordance with the Ombudsman Act, 1995. The report provides an overview of the work and activity that was undertaken by the Office of the Ombudsman during 2001 as the institution sought to further promote the culture of good governance in the Maltese Islands.
The role of the Ombudsman in the reform of the Maltese public administration
The main thrust of the Office of the Ombudsman during 2001 remained focused on the conduct of the Maltese public sector in its widest sense. As the programme by the Maltese government to upgrade the quality of public administration and the delivery and accessibility of its services advanced further, the Office of the Ombudsman reported progress in its efforts to complement these initiatives by promoting the right of the Maltese community to good administrative practice and behaviour by those entrusted with the exercise of public power. The Office also reported that its activities during the year helped to promote the values of equity, transparency and accountability in the Maltese public administration sector.
In its report the Ombudsman records his satisfaction that despite the relatively young age of his Office, its activities during 2001 continued to contribute in a positive way towards the furtherance of a new approach in the work and conduct of the Maltese public administration sector in relation to the individual. This drive towards good administrative practice was in turn accompanied by recommendations based on appropriate forms of redress where an objective investigation of citizens’ grievances revealed that maladministration had occurred.
The Maltese Ombudsman also noted with satisfaction that although some institutions that fall under his mandate were initially hesitant to acknowledge their responsibilities and to accept to review their actions and provide remedies recommended by the Ombudsman, experience during 2001 was generally encouraging in the sense that a positive complaint culture spread further in the country. This was underpinned by the public’s sustained high level of awareness of the institution and by the credibility and the confidence which the Office enjoys among the Maltese community at large. The relationship of trust that has developed between the Office and the community in recent years continued to be strengthened during 2001.
A view from Brussels on the Office of the Ombudsman in Malta
This creditable performance by the Office of the Ombudsman in Malta also won the approval of the Commission of the European Communities. In its 2001 Regular report on Malta’s progress towards accession published in Brussels on 13 November 2001, the Commission acknowledged the role which the Office plays in the context of a stable institutional framework in the country and the general strengthening of the Maltese public administration and stated that “overall it can be considered that the Office of the Ombudsman functions well with respect to its mission.”
A note of warning from the Maltese Ombudsman
The Annual Report 2001 also refers to the ongoing process of reform and modernisation of administrative structures in Malta and states that this has brought in its wake the decentralisation of authority and delegation of responsibility to newly set up autonomous corporations, institutions and foundations for the provision of a range of services that traditionally fell under direct government responsibility. The Ombudsman warns that in this exercise due care should be taken to ensure that the setting up of new administrative organizations does not encroach upon the recently ascertained rights of the Maltese community to fair and accountable administration.
Although it may be claimed that this new set-up, unshackled by the web of bureaucratic procedures which are a characteristic feature of the traditional government sector in Malta, operates more efficiently than the old structures which it replaced, at the same time efficiency gains arising mainly from freedom of action and autonomy should not be accompanied by a loss in standards of public accountability. Although the environment in which the Maltese public sector operates has undergone significant change in the last thirty years or so, the Ombudsman expressed his firm view that traditional civil service methods and procedures have their merits and have contributed towards a system of public administration with inbuilt controls that has served the country in good stead.
The Maltese Ombudsman concurred that although the country’s administrative framework at this stage needs to be updated to take due account of new management styles and the challenges facing the country, this should not be taken to mean resort to a loose set of controls under the guise of autonomy. The Ombudsman insists that recruitment and promotion procedures adopted by these autonomous bodies and the engagement of consultants by government ministries are cases in point that have given rise to several complaints.
The Annual Report 2001 points out that the checks and balances that are embedded in the regulations of the Public Service Commission in Malta still deserve the utmost respect and that care should be exercised by those holding public office so as not to bypass constitutional requirements in respect of employment and conditions of service within the Maltese public sector even as modified by recent developments. These new public bodies should remain bound to the well-established norms of manpower recruitment and employment conditions and not lose sight of the fact that their status does not entitle them to adopt policies that do not respect the principles of fair play that inspired the setting up of the Public Service Commission in Malta.
Caseload management during 2001
During 2001 the total number of persons who approached the Office of the Ombudsman to air their grievances stood at 1,122 or 11% more than in the previous year. This performance reversed the trend in evidence since the Office’s second year of operation in 1997 when the number of individual grievances showed a consistent gradual drop. At this level, resort to the Office during these years remained substantially higher than had been envisaged when the institution was established and is considered to be somewhat high especially when compared with other countries with socio-economic conditions and living standards that are similar to Malta.
Of the cases that reached the Office during 2001, 698 or 62% consisted in written complaints in relation to a wide range of issues while the remaining 424 enquiries or 38% required only verbal information and advice. The inflow of written submissions was fairly stable at an average of around 60 per month.
The main causes of complaints submitted to the Office of the Ombudsman during 2001 were unreasonable waiting periods, unacceptable response times and failure to relay timely and sufficient information to the public on approved policies and procedures that are of direct interest to citizens. Other common areas of concern in respect of the decision-making process in the Maltese public sector and administrative shortcomings that occurred in 2001 included poor communication and failure to explain the rationale behind the course of action taken or to provide adequate reasons in support of decisions taken to persons directly influenced by these events; inflexible application of policies; failure to undertake duties and responsibilities as laid down by legislation; and insufficient awareness of the general interests of citizens.
The complaints trends in evidence during 2001 closely followed the pattern noticeable in previous years. Around one-third of the complaints alleged lack of fairness or balance as the main cause of their grievance while an almost equal number of grievances were attributed to improper discrimination and undue delays or failure to take action by public bodies. The remaining one-third of written cases alleged acts contrary to law or rigid application of rules, regulations and policies; failure to provide information to which complainant is entitled; and lack of transparency.
In the majority of cases upheld during the year by the Ombudsman a recommendation to redress the grievance was submitted to the organization concerned and, except for two cases, all these recommendations were accepted, wholly or in part, and put into practice. With regard to the two cases where the remedy that was recommended was denied to complainant, copies of the relevant reports including recommendations were submitted to the Prime Minister in accordance with subsection 22(4) of the Ombudsman Act, 1995.
Cases that were dealt with conclusively during 2001 took on average 46 working days to be processed and closed. This was four days longer than the previous year’s average overall turnaround time but still well within the commitment in the Ombudsman’s Charter presented to the House of Representatives in 1995. Whereas no less than 86% of cases closed during 2001 took less than three months to be concluded, another 12% required between four to six months and only around 2% took longer than one year.
Information strategy
The Ombudsman’s access and awareness programme during 2001 continued to be based on a close relationship with the Maltese media as a means of providing more information about the rights of individuals in the face of treatment by public institutions and authorities that might be unfair and detrimental to their interests. To this end the Ombudsman participated actively in conferences, meetings and public lectures and gave media interviews to promote the role of his Office.
The Office’s outreach programmes also included the provision of support material such as brochures and fact sheets to the general public.
The Annual Report 2001 points out that the appearance of the Ombudsman on television and participation in radio programmes immediately sparks off a marked increase in the number of enquiries and written complaints to the Office.
International relations
The Maltese Ombudsman attaches particular importance to the maintenance of a regular liaison with other ombudsman offices overseas as a means of promoting collaborative initiatives that help the Office to keep abreast of developments in other ombudsman jurisdictions and experiences and enhance the level of professionalism in the Maltese institution. During 2001 the Ombudsman participated in various conferences and seminars in Romania, Sweden, Australia, Cyprus and Switzerland where he exchanged views with his counterparts on such issues as protection of human rights, good administrative practices, access to justice and European Union legislation.
Newsletter No. 28
Parliamentary Ombudsman
MALTA
ANNUAL REPORT 2001
The Annual Report 2001 is the sixth annual report submitted to the House of Representatives in Malta by the Parliamentary Ombudsman in accordance with the Ombudsman Act, 1995. The report provides an overview of the work and activity that was undertaken by the Office of the Ombudsman during 2001 as the institution sought to further promote the culture of good governance in the Maltese Islands.
The role of the Ombudsman in the reform of the Maltese public administration
The main thrust of the Office of the Ombudsman during 2001 remained focused on the conduct of the Maltese public sector in its widest sense. As the programme by the Maltese government to upgrade the quality of public administration and the delivery and accessibility of its services advanced further, the Office of the Ombudsman reported progress in its efforts to complement these initiatives by promoting the right of the Maltese community to good administrative practice and behaviour by those entrusted with the exercise of public power. The Office also reported that its activities during the year helped to promote the values of equity, transparency and accountability in the Maltese public administration sector.
In its report the Ombudsman records his satisfaction that despite the relatively young age of his Office, its activities during 2001 continued to contribute in a positive way towards the furtherance of a new approach in the work and conduct of the Maltese public administration sector in relation to the individual. This drive towards good administrative practice was in turn accompanied by recommendations based on appropriate forms of redress where an objective investigation of citizens’ grievances revealed that maladministration had occurred.
The Maltese Ombudsman also noted with satisfaction that although some institutions that fall under his mandate were initially hesitant to acknowledge their responsibilities and to accept to review their actions and provide remedies recommended by the Ombudsman, experience during 2001 was generally encouraging in the sense that a positive complaint culture spread further in the country. This was underpinned by the public’s sustained high level of awareness of the institution and by the credibility and the confidence which the Office enjoys among the Maltese community at large. The relationship of trust that has developed between the Office and the community in recent years continued to be strengthened during 2001.
A view from Brussels on the Office of the Ombudsman in Malta
This creditable performance by the Office of the Ombudsman in Malta also won the approval of the Commission of the European Communities. In its 2001 Regular report on Malta’s progress towards accession published in Brussels on 13 November 2001, the Commission acknowledged the role which the Office plays in the context of a stable institutional framework in the country and the general strengthening of the Maltese public administration and stated that “overall it can be considered that the Office of the Ombudsman functions well with respect to its mission.”
A note of warning from the Maltese Ombudsman
The Annual Report 2001 also refers to the ongoing process of reform and modernisation of administrative structures in Malta and states that this has brought in its wake the decentralisation of authority and delegation of responsibility to newly set up autonomous corporations, institutions and foundations for the provision of a range of services that traditionally fell under direct government responsibility. The Ombudsman warns that in this exercise due care should be taken to ensure that the setting up of new administrative organizations does not encroach upon the recently ascertained rights of the Maltese community to fair and accountable administration.
Although it may be claimed that this new set-up, unshackled by the web of bureaucratic procedures which are a characteristic feature of the traditional government sector in Malta, operates more efficiently than the old structures which it replaced, at the same time efficiency gains arising mainly from freedom of action and autonomy should not be accompanied by a loss in standards of public accountability. Although the environment in which the Maltese public sector operates has undergone significant change in the last thirty years or so, the Ombudsman expressed his firm view that traditional civil service methods and procedures have their merits and have contributed towards a system of public administration with inbuilt controls that has served the country in good stead.
The Maltese Ombudsman concurred that although the country’s administrative framework at this stage needs to be updated to take due account of new management styles and the challenges facing the country, this should not be taken to mean resort to a loose set of controls under the guise of autonomy. The Ombudsman insists that recruitment and promotion procedures adopted by these autonomous bodies and the engagement of consultants by government ministries are cases in point that have given rise to several complaints.
The Annual Report 2001 points out that the checks and balances that are embedded in the regulations of the Public Service Commission in Malta still deserve the utmost respect and that care should be exercised by those holding public office so as not to bypass constitutional requirements in respect of employment and conditions of service within the Maltese public sector even as modified by recent developments. These new public bodies should remain bound to the well-established norms of manpower recruitment and employment conditions and not lose sight of the fact that their status does not entitle them to adopt policies that do not respect the principles of fair play that inspired the setting up of the Public Service Commission in Malta.
Caseload management during 2001
During 2001 the total number of persons who approached the Office of the Ombudsman to air their grievances stood at 1,122 or 11% more than in the previous year. This performance reversed the trend in evidence since the Office’s second year of operation in 1997 when the number of individual grievances showed a consistent gradual drop. At this level, resort to the Office during these years remained substantially higher than had been envisaged when the institution was established and is considered to be somewhat high especially when compared with other countries with socio-economic conditions and living standards that are similar to Malta.
Of the cases that reached the Office during 2001, 698 or 62% consisted in written complaints in relation to a wide range of issues while the remaining 424 enquiries or 38% required only verbal information and advice. The inflow of written submissions was fairly stable at an average of around 60 per month.
The main causes of complaints submitted to the Office of the Ombudsman during 2001 were unreasonable waiting periods, unacceptable response times and failure to relay timely and sufficient information to the public on approved policies and procedures that are of direct interest to citizens. Other common areas of concern in respect of the decision-making process in the Maltese public sector and administrative shortcomings that occurred in 2001 included poor communication and failure to explain the rationale behind the course of action taken or to provide adequate reasons in support of decisions taken to persons directly influenced by these events; inflexible application of policies; failure to undertake duties and responsibilities as laid down by legislation; and insufficient awareness of the general interests of citizens.
The complaints trends in evidence during 2001 closely followed the pattern noticeable in previous years. Around one-third of the complaints alleged lack of fairness or balance as the main cause of their grievance while an almost equal number of grievances were attributed to improper discrimination and undue delays or failure to take action by public bodies. The remaining one-third of written cases alleged acts contrary to law or rigid application of rules, regulations and policies; failure to provide information to which complainant is entitled; and lack of transparency.
In the majority of cases upheld during the year by the Ombudsman a recommendation to redress the grievance was submitted to the organization concerned and, except for two cases, all these recommendations were accepted, wholly or in part, and put into practice. With regard to the two cases where the remedy that was recommended was denied to complainant, copies of the relevant reports including recommendations were submitted to the Prime Minister in accordance with subsection 22(4) of the Ombudsman Act, 1995.
Cases that were dealt with conclusively during 2001 took on average 46 working days to be processed and closed. This was four days longer than the previous year’s average overall turnaround time but still well within the commitment in the Ombudsman’s Charter presented to the House of Representatives in 1995. Whereas no less than 86% of cases closed during 2001 took less than three months to be concluded, another 12% required between four to six months and only around 2% took longer than one year.
Information strategy
The Ombudsman’s access and awareness programme during 2001 continued to be based on a close relationship with the Maltese media as a means of providing more information about the rights of individuals in the face of treatment by public institutions and authorities that might be unfair and detrimental to their interests. To this end the Ombudsman participated actively in conferences, meetings and public lectures and gave media interviews to promote the role of his Office.
The Office’s outreach programmes also included the provision of support material such as brochures and fact sheets to the general public.
The Annual Report 2001 points out that the appearance of the Ombudsman on television and participation in radio programmes immediately sparks off a marked increase in the number of enquiries and written complaints to the Office.
International relations
The Maltese Ombudsman attaches particular importance to the maintenance of a regular liaison with other ombudsman offices overseas as a means of promoting collaborative initiatives that help the Office to keep abreast of developments in other ombudsman jurisdictions and experiences and enhance the level of professionalism in the Maltese institution. During 2001 the Ombudsman participated in various conferences and seminars in Romania, Sweden, Australia, Cyprus and Switzerland where he exchanged views with his counterparts on such issues as protection of human rights, good administrative practices, access to justice and European Union legislation.
