Office of the Ombudsman notes proposal for a Commissioner for Disciplined Forces

Office of the Ombudsman notes proposal for a Commissioner for Disciplined Forces

Published March 24, 2026

The Office of the Ombudsman has taken note of remarks made by Mr Theo Vella, Secretary of the Section for Disciplined Forces, Security Officers and Law Enforcement within the General Workers’ Union, during a special Cabinet meeting held at the Civil Protection premises in Ħal Far on the theme of security in the country, to which the GWU and other trade unions were invited.

As reported in It-Torċa of Sunday 22 March, Mr Vella proposed the appointment of a Parliamentary Commissioner for members of the Disciplined Forces, Security and Law Enforcement sectors. He stated that such a Commissioner would be an independent agent of Parliament, appointed to safeguard the constitutional rights of officers within these sectors, oversee internal administration, investigate complaints, submit annual reports to Parliament, and exercise oversight over the sectors concerned.

Mr Vella also noted that similar models already exist in other jurisdictions, including Germany and, more recently, the United Kingdom. He argued that such an office should be established to protect the fundamental rights of workers in these sectors.

The Office of the Ombudsman notes that, within its present remit, it already receives complaints from members of the disciplined forces concerning acts or omissions of the public administration. The Office is also part of the Independent Police Complaints Authorities Network and regularly participates in seminars and conferences organised by IPCAN. It also participates in the annual conferences organised by the Geneva Centre for Security Sector Governance (DCAF), including the International Conference for Ombuds Institutions for the Armed Forces, which focuses on institutions that investigate complaints against the armed forces, and which the Office has been attending since 2014.

The Office further recalls that it had, in the past, proposed the creation of a specialised Commissioner for Disciplined Forces and for persons deprived of their liberty within the Office of the Ombudsman. Such a Commissioner would serve as an independent and autonomous Officer of Parliament with a focused remit in these areas.

The first reference to the need for such a specialised Commissioner dates back to the Annual Report for 2007, where the Ombudsman had identified the possibility that the mandate of a unified Ombudsman system could, in the future, extend to areas such as the disciplined forces, where the protection of citizens’ rights also arises.

Later, in January 2014, at the request of Government, the Office of the Ombudsman submitted a number of proposals on the strengthening of the institution. One of these proposals stated that concerns regarding the potential caseload could be addressed by extending the functions of a new Commissioner to include complaints from uniformed and non-uniformed personnel within the country’s security services, including the Armed Forces, the Police and Civil Protection. The Office had noted that complaints often required specialised expertise that such a Commissioner could provide.

This proposal was followed by a formal request made in September 2014, when the then Parliamentary Ombudsman wrote to the Prime Minister seeking approval for the appointment of a Commissioner within the Office to investigate complaints concerning the Disciplined Forces and persons deprived of their liberty. This request was made in terms of the amendments to the Ombudsman Act introduced in 2010 through Act No. XVII of 2010. The request was not accepted.

The Office of the Ombudsman considers that experience over the years has demonstrated the value of specialised Commissioners in strengthening oversight and improving public administration in areas such as education, health, environment and planning. The current legislative framework governing the Ombudsman also provides for the appointment of additional specialised Commissioners should the need arise.