Former Malta Communications Authority chairman Antonio Ghio was under no obligation to resign after the election, despite being asked to do so, according to the Government.
Once the chairman chose to resign, he bid a final farewell to the option of staying on
Dr Ghio’s resignation was brought to the attention of Brussels last week when Nationalist MEP Roberta Metsola asked the European Commission if his removal was in line with the EU Telecoms Framework Directive.
According to a spokesman for the Competitiveness Parliamentary Secretariat, which oversees the MCA: “He (Dr Ghio) was able to comply with the request to resign or he could have refused.”
If he refused, the Government could have considered what legal options it had to remove him or, alternatively, could have decided to leave him in office for the rest of his term.
“However, once the chairman chose to resign he bid a final farewell to the option of staying on,” the spokesman said.
On March 12, the then permanent secretary at the Communications Ministry, John Gatt, wrote to Dr Ghio informing him that he was expected to offer his resignation “to enable the new government to effect any changes that are considered desirable”.
On the same day, a letter was sent to all permanent secretaries explaining that all chairmen and board members falling under their ministries were expected to resign.
“Where in doubt as to whether an offer of resignation is to be tabled or not, the offer is to be submitted just the same,” the letter said.
Dr Ghio submitted his resignation as MCA chairman two days later but made it clear his resignation was forced and that he did not consider the legal conditions stipulated for his removal to have been met.
In his letter, Dr Ghio made specific reference to 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”.
Dr Ghio also referenced the EU Telecoms Framework Directive, which says: “Member states shall ensure that the head of a national regulatory authority... may be dismissed only if (they) no longer fulfil the conditions required for the performance of their duties, which are laid down in advance in national law.”
The European Commission has yet to respond to Dr Metsola’s parliamentary question on this issue. Dr Ghio took up the post of MCA chairman in December after being appointed by previous Communications Minister Austin Gatt.
In January, the European Commission requested clarification from the previous administration on the dismissal conditions for members of the MCA board.
In its reply on March 7, the previous government said MCA members were expected to abide by the code of ethics for public service employees.
Nowhere in the reply or in the code of ethics was a change in administration mentioned as a reason for dismissing members of the MCA.
However, the Government insisted yesterday that Dr Ghio’s resignation was “in accordance with the convention where members of boards appointed by a minister offer their resignation when a new administration takes office”.