March 8 was the anniversary of my first year in office as parliamentary ombudsman. As a constitutional body that operates in full autonomy and independence from other institutions of the State, I have made it my mission not only to resolve persons’ complaints but also that, by so doing, help improve the public administration’s services – fairly and reasonably.
My arrival at the office resulted from a long and protracted period of anticipation and discussion. Nonetheless, the constitutional requirement for appointing a minimum two-thirds majority parliamentary vote should remain the case to underscore the vital importance of the office in this country. As was the case with my four predecessors, the vote in the House of Representatives in my regard was unanimous. This democratic endorsement legitimises the function of the office and gives strength and vigour to its commitment to serve.
The experience: at the office, we are presented with daily narratives that reflect the challenges people face when interacting with government services. The complaints we receive often reveal dissatisfaction and frustration. We usually resolve these issues through effective communication, like trust-building phone calls and emphasis on empathy, patience and care. We aim to ensure everyone has fair and just access to our services, balancing the dynamics between individuals and well-resourced public entities.
Taking stock: in order to assess the state of play of the institution, we commissioned two independent surveys targeting the public and former users of the office. The feedback we received was encouraging and instrumental in helping us shape our direction. The surveys revealed a strong foundation, increased public awareness and recognition of the role of the office in promoting justice, fairness and accountability in public services.
Despite these positive indicators, we identified areas that require attention, particularly what the office is there for.
While the law is clear that the ombudsman is there to oversee the performance of the public sector, there remains a common misconception on involvement of the office in private sector issues.
A better public administration is a must: we have adopted a proactive approach. We monitor areas of repeated examples of bad public administration to point out effective remedies. Public entities must do their part and do their very best to mend their ways in the interest of the common good.
The public administration must realise that it is there to reach out through convinced action programmes to an increasingly wider spectrum of recipients of its services.
These recipients include the vulnerable, those without a voice, or those who are afraid or sceptical of the services given by the public administration. No one should be taken for granted. When the public administration treats people that way, it should not blame those same people when they are fiercely critical of that approach that is inconsistent with the essence of democracy.
Foreign missions: outreach activities by the office have been extended to foreign missions’ residents in Malta. The office firmly believes that it should be of service to all who are present in these islands, not just to Maltese citizens. The law speaks of persons, not Maltese citizens.
The common good: during the past year, we advocated in favour of several critical issues. We proposed to the government to broaden our mandate to include human rights protection, aiming to enhance its role in recommending actions against public administration’s rights breaches. Inspired by European models, we advocated for establishing a National Human Rights Institution in Malta.
The Office of the Ombudsman is crucial in the consolidation of democracy- Joseph Zammit McKeon
Although only recently was the office granted associate status in the European Network of National Human Rights Institutions (ENNRI), our country does merit a full member status, which can be achieved if the Ombudsman Act 1995 is adjusted accordingly. In that way, Malta will not remain an exception in the EU and in the Council of Europe without a national NHRI.
In October 2023, the office organised an international conference on the right to good administration, featuring Mediterranean ombudsmen and human rights advocates. The event, which also included local experts, focused on integrating this right into domestic laws and received a positive reception, with the office committed to advancing its implementation.
The office is also pushing for the integration of ECHR’s Protocol 12, which Malta ratified for non-discrimination rights, into domestic law. Currently, its absence in local legislation forces individuals to seek redress in Strasbourg, limiting local legal remedies. The aim is to enhance justice accessibility, especially for vulnerable populations, by incorporating this protocol into Maltese law.
Relationship with parliament: a fruitful working relationship with parliament is essential in the interest of all. The meetings I had with the party whips and with Mr Speaker were very encouraging. The office advocates for a structured process where unresolved recommendations, once referred to parliament, should be examined and acted upon by a select committee, aiming for mandatory solutions rather than just being tabled by the speaker. This path would be more consonant with the recommendations made by the Venice Commission for effective parliamentary oversight.
Learning: this year, the office enhanced its international collaboration, particularly with the Association of Mediterranean Ombudsmen, where I serve as secretary general and treasurer. Furthermore, on a wider spectrum, I was elected to serve on the board of directors for the European Region of the International Ombudsman Institute and on the World Board of the same organisation. These engagements reap benefits for us as a country by means of wide-ranging discussions, shared insights and far-reaching experiences.
Increased workload: in the past year, the office has experienced a significant uptick in engagement, with a 46-per-cent increase in the number of persons seeking our assistance and a 29-per-cent rise in formal complaints lodged. The office successfully concluded 473 investigations during this period.
This surge in workload reflects the positive impact of our outreach initiatives. Moving forward, our commitment is to remain approachable and responsive, ensuring access to our services when needed.
Conclusion: a civilised society is one which not only upholds democratic principles but also puts them into practice. In essence, democracy is about the control of the exercise of power, ensuring that it really serves persons, especially the vulnerable. The modern State is not limited to the executive, legislative and judicial branches but also extends to the media, civil society and constitutional bodies like the Office of the Ombudsman.
The Office of the Ombudsman is crucial in the consolidation of democracy. When the office deals firmly and convincingly, it instils trust. Looking ahead, our commitment is to push for a better public administration for the benefit of all.
Our objective will remain that of ensuring that the office not only fulfils its present and any future mandate/s but also influences the principles of fairness and justice for the better.
For a more detailed account of what was done by the office during the past year, readers may consult the website www.ombudsman.org.mt.
Judge Emeritus Joseph Zammit McKeon is the parliamentary ombudsman.