The Office of the Ombudsman closely monitors the ongoing industrial action instituted by the Malta Union of Midwives and Nurses (MUMN) across Malta’s public hospitals and healthcare facilities.

We recognise the fundamental right of healthcare professionals, including nurses and midwives, to engage in industrial action as a means to voice their grievances and seek a fair resolution. At the same time, we urge the Ministry for Health and the MUMN to exercise caution and ensure that patients are not unduly affected by the industrial action. The welfare of individuals who rely on the Maltese healthcare system for essential care and support must be considered a top priority for all parties concerned.

We call upon both parties to engage in open and constructive dialogue to resolve the issues involved. It is crucial that both parties work together to address the concerns and find solutions while ensuring that the continued provision of healthcare services to the public is maintained.

The Commissioner for Health encourages the Ministry for Health and the MUMN to work collaboratively towards a solution that respects the rights and well-being of healthcare professionals and patients.

This Office will continue to closely monitor the situation and stand ready to offer any necessary assistance to facilitate prompt and fair resolution of disputes ensuring that the interests of all stakeholders are fairly represented.

Chief Justice Emeritus Vincent A. De Gaetano, the Commissioner for Education, was invited to be the keynote speaker at this year’s annual Chief Coroner’s Conference for Senior and Area Coroners. The Conference was held in Central Hall Westminster, London, on March 17th, 2023, under the auspices of the Judicial College for England and Wales. The principal aim of the conference is to provide a forum for senior and area coroners to discuss key issues in the coroner jurisdiction. The Commissioner delivered a keynote speech titled The Definite Article 2: A Brief Overview of Article 2 of the European Convention on Human Rights.

The Parliamentary Ombudsman, Judge Emeritus Joseph Zammit McKeon, has today met the Commissioner for Standards in Public Life, Chief Justice Emeritus Joseph Azzopardi.

The meeting discussed how both institutions could collaborate on areas of common interest that would strengthen transparency and accountability and promote correct behaviour by those in the public administration.

Judge Emeritus Joseph Zammit McKeon was sworn in as Parliamentary Ombudsman in a ceremony presided over by H.E. George Vella, President of Malta and in the presence of the Prime Minister, the Hon. Robert Abela, the Speaker of the House, the Hon. Angelo Farrugia and the Leader of the Opposition, the Hon. Bernard Grech.

On Monday, 6th March 2023, the House of Representatives unanimously approved the nomination of Judge Joseph Zammit McKeon as Parliamentary Ombudsman.

After the ceremony, the outgoing Ombudsman, Mr Anthony C. Mifsud, welcomed Judge Zammit McKeon at the Office of the Ombudsman. Following a meeting with the Commissioners, he introduced the employees to him.

Bio Note of the Parliamentary Ombudsman, Judge Emeritus Joseph Zammit McKeon

In accordance with Article 22(4) of the Ombudsman Act, the Ombudsman, Mr Anthony C. Mifsud, and the Commissioner for Environment and Planning, Perit Alan Saliba, submitted a Final Opinion to the House of Representatives regarding a complaint about the lack of official markings for outdoor catering areas.

Case Summary

The Office of the Ombudsman received a complaint alleging that establishments with tables and chairs for customers were constantly encroaching onto public roads and pavements, with the authorities ignoring Policy P13 of the Outside Catering Areas Policy, which requires specific visible markings for such areas, namely steel plates flush with the surface.

The Commissioner for Environment and Planning opened an investigation against the Lands Authority, responsible for providing such markings, and invited other relevant government entities, such as the Malta Tourism Authority, the Planning Authority, and Transport Malta, to submit comments. However, none of the government entities cooperated.

Conclusions and Recommendations

The lack of cooperation, particularly from the Lands Authority, has made it difficult to find a way to enhance its administrative role, particularly on sensitive issues where commercial interests are prevalent.

The Commissioner recommended that the Lands Authority formulate rules and procedures for fixing markers to define all concessions for outdoor catering areas and enforce them in line with the terms of each concession.

Outcome

The Lands Authority reacted to the Commissioner’s Final Opinion by stating that it is not a regulatory authority and cannot be described as a “permitting authority.” Its role is limited to granting consent for submitting development permission applications on public property and issuing encroachment concessions to the areas granted permission by the permitting authorities.

As the Lands Authority disagreed with the Commissioner’s recommendations for unjustified reasons, the case was referred to the Prime Minister and then to the House of Representatives.

Documents

16.11.2022 – Final Opinion

23.12.2022 – Reaction from the Lands Authority 

11.01.2023 – Letter to the Prime Minister 

23.02.2023 – Letter to the Speaker

Case Notes 2022 presented to Parliament.

As his mandate as Parliamentary Ombudsman ends, Mr Anthony C. Mifsud called upon the Speaker of the House of Representatives, the Hon. Dr Anglu Farrugia.

During the meeting, Mr Mifsud described his tenure as Ombudsman as a profoundly satisfying experience, despite facing difficult and challenging situations, including major institutional reforms and a global pandemic. However, the Office remained steadfast in promoting good governance and securing a sound public administration, never failing to make its voice heard when necessary. As an institution, they continued to diligently receive, process, investigate complaints from citizens, and recommend appropriate redress.

Mr Mifsud expressed his gratitude to the specialised Commissioners and the hardworking and competent staff who supported him during his mandate, ensuring that justice and good public administration were well served.

He also thanked the Speaker and Parliament, expressing his heartfelt hope that the relationship between Parliament and the Office is strengthened and the institution is considered, by Parliament, as a valid instrument to hold the Executive accountable at all times.

At the end of the meeting, Mr Mifsud presented the Case Notes 2022 to the President of the House of Representatives, the Hon. Anglu Farrugia.

The Case Notes 2022 can be downloaded from here.

In accordance with Article 22(4) of the Ombudsman Act, the Ombudsman, Mr. Anthony C. Mifsud, and the Commissioner for Environment and Planning, Perit Alan Saliba, have submitted the Final Opinion to the House of Representatives concerning an investigation following a complaint alleging irregular acceptance of a development in St Julians.

Case summary

The Office of the Ombudsman received a complaint against the acceptance by the Planning Authority (PA) of a Development Notification Order for the erection of an ATM and booth in St Julians.

The Commissioner for Environment and Planning initiated an investigation by asking the PA whether the authority considered these constructions at road level would require any works below road level, mainly because the site is situated on the shore and elevated level with the promenade. Regarding the question about the subsidiary legislation, the PA stated that the Authority did not evaluate the proposal against Subsidiary Legislation 552.08 Class 4(iii) as the proposal did not fall under that development category but under Class 4(ii). In a later clarification, the PA clarified that the development was being considered for both Class 4(ii) and Class 4(iii), which contradicts the previous communication by the PA.

Conclusions and recommendations

Following the investigation, the Commissioner for Environment and Planning concluded that the allegations against the Planning Authority that it irregularly approved the development in St Julian’s are found to be justified as the approved booth is three times the size allowed in the Development Notification Order.

The Commissioner recommended that The PA invokes Article 80 of the Development Planning Act and revokes the permit in question due to errors on the face of the record and due to the submission of a plan (section) that does not reflect the situation on-site. It was also recommended that the PA take enforcement action against unpermitted constructions below street level and above the existing floor level.

Outcome

The Planning Authority did not react to the Final Opinion issued by the Office of the Ombudsman and did not implement the recommendations issued by the Commissioner for Environment and Planning. Therefore, the Commissioner informed the Prime Minister and the report was sent to the Parliament.

03.10.22 – Final Opinion
14.11.22 – Letter to Prime Minister
11.01.23 – Letter to Speaker

In terms of Article 22(4) of the Ombudsman Act, the Ombudsman, Mr. Anthony C. Mifsud, and the Commissioner for Environment and Planning, Perit Alan Saliba, have sent to the House of Representatives the Final Opinion concerning a complaint regarding the rejection of representations by the Planning Authority following the filing of fresh plans at the request of the Planning Board or the Planning Commission.

Case Summary

On 3 January 2022, this Office received a complaint that major fresh plans cannot be objected to in writing in front of the Planning Authority, adding that one cannot make detailed researched objections in a board meeting orally.

As the complainant referred to a pending case on 7 January 2022, the complainant was informed that the specific case would not be investigated in line with Article 13(3) of the Ombudsman Act.  However, the Commissioner decided to proceed with the investigation concerning problems of general interest contained in the complaint that would affect various applications processed by the Planning Authority.

The Commissioner for Environment and Planning opened an investigation regarding representations following fresh plans submitted at the request of the Planning Board.  This Office highlighted that following a previous investigation by this Office, the Planning Directorate is no longer issuing a late representation reply after registered representees submit new representations following fresh plans that are submitted before the first Planning Board hearing, but it is issuing a late representation reply for representations against fresh plans that are submitted following the Planning Board hearing, and to this effect the representees are being requested to make their submissions only orally during the hearing.

Following representations from the Planning Authority, the Commissioner for Environment and Planning concluded that the rejection of representations in writing following the filing of fresh plans at the request of the Planning Board or the Planning Commission is not found to be justified. Therefore, the Commissioner recommended that:

1. When the Planning Board or Planning Commission authorises fresh submissions by the applicant, it also establishes a reasonable period within which the registered interested parties may file representations in writing following these fresh submissions.
2. The Planning Authority accepts representations by the registered interested parties that are filed in writing within the period stipulated by the Board or Commission.
3. For pending applications, where the applicant has already been invited to revise the proposal, the Planning Authority shall accept representations that are submitted at least fifteen days before the next Board or Commission hearing.

Outcome

The Planning Authority informed the Commissioner that following a discussion in the Executive Council, his recommendations wouldn’t be implemented because the regulation does not provide for written submissions. Therefore, the Case was referred to the Prime Minister in September 2022, and since no action has been taken, the Ombudsman and the Commissioner sent the report to the attention of the House of Representatives.

Documents:

04.03.22 – Final Opinion 

30.08.22 – Reaction from the Planning Authority 

15.09.2022 – Letter to the Prime Minister

20.10.2022 – Letter to the Speaker of the House

In terms of Article 22(4) of the Ombudsman Act, the Ombudsman, Mr. Anthony C. Mifsud, and the Commissioner for Environment and Planning, Perit Alan Saliba, have sent to the House of Representatives the Final Opinion concerning a complaint alleging misreporting by a Planning Authority Case Officer on a development application in Xewkija.

Case Summary

The Office of the Ombudsman received a complaint alleging misreporting or poor reporting by case officers leading to poor decisions by the Planning Commission. The Ombudsman referred the case to the Commissioner of Environment and Planning for investigation.

Following the investigation of the allegations made by the complainant, the Commissioner concluded that in the absence of planning reasons justifying the overturning by the Planning Commission of the recommendation by the Executive Chairperson in line with Article 10 of the second schedule of the Development Planning Act, there is a strong case for the application of Article 80 of the same Act due to an error on the face of the record by the Planning Commission.  Therefore, the Commissioner recommended that the relative documents approved in the original permit should be replaced with those in the minor amendment permit.

Outcome

The Planning Authority, through its Internal Audit Office, informed the Commissioner that it was not in agreement with his recommendations. Therefore, the Case was referred to the Prime Minister in September 2022. Since no action has been taken, the Ombudsman and the Commissioner sent the report to the attention of the House of Representatives.

Documents:

02.06.2022 – Final Opinion 

27.06.2022 – Reaction from the Planning Authority

16.09.2022 – Letter to the Prime Minister

20.10.2022 – Letter to the Speaker of the House 

In terms of Article 22(4) of the Ombudsman Act, the Ombudsman, Mr. Anthony C. Mifsud, and the Commissioner for Environment and Planning, Perit Alan Saliba, have sent to the House of Representatives the Final Opinion concerning a complaint alleging no action with regards to tables and chairs on public land in Senglea.

Case Summary

On 1 June 2022, this Office received a complaint alleging no action by the Lands Authority against the illegal occupation of public land through the placing of tables and chairs in Senglea. The Complainant submitted a photo showing the alleged illegal occupation in question consisting of four sets of tables and chairs, including umbrellas, located on the promenade.

The Commissioner for Environment and Planning initiated an investigation involving the Lands Authority, the Planning Authority, and the Malta Tourism Authority.  No reply was forthcoming from any of the governmental entities involved.

The Commissioner observed that this is a clear case of lack of cooperation by the authorities, particularly the Lands Authority, with the Ombudsman institution that is performing its constitutional role in overseeing the administrative functions of public entities. The Commissioner commented that this country could not move forward if a Constitutional institution such as the Ombudsman, is ignored.

The Commissioner recommended that the Lands Authority shall provide and publish all the encroachments on public land, properly listed under location and street name – preferably also through a system similar to the Planning Authority’s Mapserver – starting with those in Senglea. Also, the Lands Authority must take immediate action against any illegal encroachments and fine the contravenor in line with Article 62 of the Lands Authority Act.

Outcome

The Lands Authority did not even react to the Commissioner’s recommendations, let alone implement his recommendations. The Case was referred to the Prime Minister in October 2022, and since no action has been taken, the Commissioner sent the report to the attention of the House of Representatives.

Documents:

15.09.2022 – Final Opinion

26.10.2022 – Letter to the Prime Minister

05.12.2022 – Letter to the Speaker of the House