The commissioners for mental health, children and the elderly should operate under the umbrella of the ombudsman’s office, former judge Joseph Zammit McKeon has suggested.
The newly-appointed ombudsman feels that this would give the three commissioners more autonomy as they would no longer be answerable to the minister who appoints them but to parliament.
The suggestion came during a recent talk he delivered at the quarterly law seminar organised by the Chamber of Advocates.
“Taking into account that the Office of the Ombudsman has evolved positively over the years, I am of the opinion that the time is mature enough for the politicians to consider very seriously whether the Commissioner for the Promotion of Rights of Persons with Mental Disorders, the Commissioner for Older Persons and the Commissioner for Children should be integrated within the Office of the Ombudsman, raising their importance and profile by establishing a direct link with parliament, rather than the executive through the minister,” he said.
The Office of the Ombudsman already has three commissioners: one covering environment and planning, another for health and one covering education. The need to appoint more commissioners is a matter for the prime minister and the ombudsman to determine together.
The commissioners are independent and autonomous from the ombudsman in the exercise of their functions and, like the ombudsman, they are officers of parliament.
Time is mature enough for the politicians to consider very seriously whether the Commissioner for the Promotion of Rights of Persons with Mental Disorders, the Commissioner for Older Persons and the Commissioner for Children should be integrated within the Office of the Ombudsman
Their final reports of their investigations need not be submitted to or approved by the ombudsman although the commissioners are free to consult the ombudsman on matters at hand.
Their final reports are submitted to the ombudsman for review solely for reasons of equity and natural justice.
In situations when, despite the report of a commissioner for action or partial action, nothing is done, then the commissioner has to inform the ombudsman, the minister and the complainant.
Zammit McKeon noted that the method of appointment of the commissioners is “very balanced” and totally distinct from the appointment of the ombudsman.
Although the appointment of the candidate to act as commissioner is a matter for the prime minister and the leader of the opposition to agree on, should they fail to agree within three weeks following a written request by the ombudsman, then the ombudsman can choose a person of his or her choice.
Zammit McKeon, who was approved unanimously by parliament on March 6, explained that the objective of the Office of the Ombudsman was to translate into facts a public-service culture distinguished by fairness, dedication and accountability and to promote good public administration.
Repubblika backs suggestion
Rule of law NGO Repubblika on Thursday backed the Ombudsman's suggestion for the commissioners for mental health, children and the elderly to operate under the umbrella of his office.
Repubblika said however that autonomy was not enough. Government entities needed to stop dragging their feet when the Ombudsman asked them to collaborate in his investigations and the recommendations which the Ombudsman made needed to be upheld, as otherwise the victims suffered a double injustice.