The Office of the Ombudsman registered an 18 per cent drop in complaints last year over the previous year but the decline is not necessarily a “negative and worrying omen”, according to the new Ombudsman.

The office investigates complaints against government officials and agencies, holding them accountable to the people for their actions.

In its annual report for 2022, which was published and presented to parliament this week, the office said the Ombudsman and his commissioners actively investigated 434 complaints last year, down from 527 in 2021.

Their office also registered a 27 per cent drop in enquiries – 314 – down from 433 in 2021.

Given the political setup that favours clientelism, the reality cannot be avoided- Joseph Zammit McKeon

But former judge Joseph Zammit McKeon, who was appointed the new ombudsman in March, insisted the decline “need not necessarily be in itself a negative and worrying omen”.

“Numbers should not be taken at face value or even less bandied about lightly. It is wrong to draw hasty conclusions,” he said. “They should be carefully studied and put in their proper context.”

The end of the pandemic, the appointment of new commissioners and a new ombudsman, and the political disagreements and excessive delays it brought about were likely some of the causes for the decline, he said.

He also pointed to the general election, which traditionally causes more people to take their complaints to politicians who are seeking re-election rather than to the ombudsman.

“It is no secret that before a general election, the public administration seeks to do its best to satisfy demands especially of the potential voter. On the other hand, persons who for some reason or other felt aggrieved with an act or omission of the public administration may have opted to put forward their claims or seek proper redress before or after the election not from the Ombudsman but from a minister or MP seeking re-election.

“Human nature being what it is and given the particular political setup that favours clientelism, that reality is understandable and cannot be avoided.”

Complaints tend to increase again in the year following the election, he said, as was the case this year.

Whereas the first five months of last year saw 85 registered complaints, the first five months of this year has already seen a significant increase to 111 cases. An enquiry is registered whenever the office assists an individual who seeks its help. A complaint is registered whenever the office opens an investigation into the case. Not all enquiries become complaints as some are referred to more competent entities or authorities.

Ombudsman answerable to parliament

The ombudsman’s office is autonomous and does not form part of the government but is answerable to parliament.

Three commissioners – one covering environment and planning, another for health and one covering education – operate independently but under the umbrella of the ombudsman’s office.

Last month Zammit McKeon suggested the mental health, elderly and children commissioners should also join the others under the same umbrella, giving them more autonomy as they would no longer be answerable to the minister who appoints them but to parliament.

The Home Affairs Ministry was the target of most people’s complaints, attracting 47 reports – a quarter of the ombudsman’s caseload.

The Finance and Employment Ministry and the Energy Ministry came in a close second, with 19 complaints each lodged against them, followed by the Transport and Infrastructure Ministry (16 complaints), the Office of the Prime Minister (13 complaints) and the Economy, EU Funds and Lands Ministry (12 complaints).

More than half of complaints were from Sliema

Over half of complaints were over unfair treatment and lack of equity, and the highest number of overall complaints were registered from Sliema.

The report said that although the decrease in workload is not alarming, it needs to be addressed and “external forces and circumstances” which might be impacting the “apparent unwillingness” of people to seek the ombudsman’s help must be identified.

“One should try to establish also whether it could have been due to a growing perception that there was a lack of conviction regarding the effectiveness of the procedures adopted and/or the failure of the public administration to accept some of the recommendations made,” the ombudsman said.

In January former ombudsman Anthony Mifsud called for changes to the law to stop parliament’s “lack of respect” towards his office, after it ignored all the 35 investigations he tabled in the previous three years.

In the annual report, newly appointed ombudsman Zammit McKeon said that polls repeatedly show there has been no drop in the public’s trust and confidence in the institution. Rather, it has continued to be recognised as an important and effective office that works for the common good.

He did, however, hit out at the government and opposition for “failing” to appoint a new ombudsman in due time and for engaging in “political bickering” that dragged out the process for months last year, saying it was “certainly a negative destabilising factor in the functioning of the Office throughout the year”.

Robert Abela and Bernard Grech spent a good part of last year in an impasse, as they could not agree on which two people were to be appointed new ombudsman and commissioner for standards in the public life.

They managed to agree on McKeon as new ombudsman, but the standards commissioner office was left in limbo until parliament was forced to change the law to introduce an anti-deadlock mechanism.

Former ombudsman Anthony Mifsud’s term had expired in March 2021 but had to stay on until March this year, when the impasse was resolved.

Earlier, he had complained that politicians’ failure to appoint his successor was creating uncertainty and demotivation within his office and making planning impossible.

McKeon’s annual report published this week acknowledges the lack of motivation that was being felt in the office. It also lauds Mifsud for his service and for continuing to serve in the role for the good of the country.

McKeon also described the work of former Health Commissioner Charles Messina as “remarkable”.

“The country should be grateful for having had Mifsud and Messina as loyal servants,” he said.