Commissioner for Education interviewed by Andrew Azzopardi on RTK

Commissioner for Education interviewed by Andrew Azzopardi on RTK

Published February 24, 2025

The Commissioner for Education, Chief Justice Emeritus Vincent De Gaetano, was invited for an interview with Prof. Andrew Azzopardi on RTK, where he provided insights into his role, the responsibilities of the Office of the Ombudsman, and the challenges faced in ensuring good governance in the education sector.

During the discussion, the Commissioner explained that his primary function is to investigate complaints related to maladministration in further and higher education. However, he also looks into cases related to state-provided education whenever assigned by the Parliamentary Ombudsman. He also has the authority to conduct own-initiative investigations on systemic issues after consulting with the Ombudsman.

The Commissioner emphasised the independence and autonomy of Commissioners within the Office of the Ombudsman, explaining that each Commissioner operates independently in conducting investigations, ensuring that every case is handled with impartiality and diligence.

He highlighted the importance of clear communication between the public administration and the public. In his experience, individuals often seek explanations rather than a simple ruling of right or wrong. He pointed out that one of the failings of public administration is the lack of proper explanation of decisions, even when these decisions are correct. This, he said, runs counter to the principles of open governance and transparency.

The Commissioner noted that the work of his Office does not end with the conclusion of an investigation. Just like the Ombudsman, he ensures that recommendations are followed up, and if they remain unimplemented, the report is escalated to the Prime Minister. Should there still be no action, the case is sent to Parliament, making it public.

When asked whether investigations are conducted within a fixed timeframe, the Commissioner explained that while there is no strict deadline, cases are handled as efficiently as possible. He stressed that meticulous investigations require thorough examination, but many cases are resolved informally without the need for a full investigation. He opined that provided that an institution, like the Ombudsman’s Office, has the means to prevent the complainant or the respondent entity from unnecessarily delaying an investigation, then setting statutory time limits would be wrong in principle.

The confidentiality of investigations was another key point discussed. The Commissioner reassured that all cases are handled privately, and all information gathered is protected by secrecy laws to ensure trust and fairness in the process.

Finally, the interview touched upon ways to strengthen the Ombudsman’s remit. The Commissioner discussed the proposal to expand the Ombudsman’s role to include the promotion and protection of human rights, allowing the institution to be recognised as Malta’s National Human Rights Institution (NHRI).