Ombudsman interviewed on Agora on Campus FM

Ombudsman interviewed on Agora on Campus FM

Published February 17, 2025

The Parliamentary Ombudsman, Judge Emeritus Joseph Zammit McKeon, was interviewed by Prof. Mario Thomas Vassallo, Head of the Policy, Politics and Governance Department at the University of Malta, on the radio programme Agora, aired on Campus FM. The discussion covered various aspects of the Ombudsman’s work, including the effectiveness of its reports, public trust, investigative methods, and future aspirations for the institution.

During the interview, the Ombudsman highlighted that while his recommendations are not legally enforceable, the approach of building bridges and the meticulous investigative process lead to tangible results. In fact, 78% of his recommendations are implemented, reflecting the institution’s credibility and influence in improving public administration. He explained that trust in the Office has grown significantly, with a 137% increase in the number of people seeking assistance and a 6% rise in formal complaints. These figures, he noted, confirm that the Office’s outreach efforts are making a difference and that the strategy of going directly to the people is effective.

The Ombudsman also elaborated on how investigations are conducted, ensuring that all parties involved are heard. In some cases, site visits are carried out to gather a full understanding of the issue at hand. Each case is carefully examined, and recommendations are issued impartially, based on thorough investigation. However, the work of the Ombudsman does not stop there. He follows up on whether the recommendations are implemented, and if they are not, the matter is escalated to the Prime Minister. Should no action be taken at this level, the report is then submitted to Parliament and made public. Confidentiality is strictly upheld throughout the process, and the Ombudsman remains bound by secrecy laws to ensure the integrity of investigations.

One of the key points raised during the interview was the need for Parliament to discuss the Ombudsman’s reports. The Ombudsman referred to his proposal for Parliament to establish a standing committee dedicated to reviewing reports that are not implemented by the public administration. He stressed that accountability should not end with the issuance of recommendations; rather, mechanisms should be in place to ensure follow-up and action.

The Ombudsman further explained his philosophy of building bridges with the public administration. Rather than adopting an adversarial stance, he seeks solutions that address grievances while maintaining constructive dialogue with government entities. In many instances, issues between an aggrieved party and the public administration are resolved without the need for a formal investigation. He regularly meets senior officials within the civil service to address systemic challenges that could impact people’s lives, ensuring that solutions are found efficiently and fairly.

Another important aspect discussed was the legal framework that defines maladministration. The Ombudsman Act outlines that maladministration occurs when an act or omission by the public administration or public authorities is contrary to law, unreasonable, unjust, oppressive, or improperly discriminatory. It also includes cases where actions are based on mistakes of law or fact, or where procedures are unfair or flawed. The Ombudsman emphasised the importance of addressing such issues, as they affect the quality of governance and the rights of individuals who depend on public services.

The interview also touched upon the necessity of Malta having a National Human Rights Institution (NHRI). The Ombudsman strongly believes that the country cannot afford to remain without such a body. To this end, he has proactively submitted a proposal to the government to broaden the remit of the Ombudsman to include the promotion and protection of human rights. His approach has been methodical and strategic, engaging with experts and securing the Office’s associated membership in the European Network of National Human Rights Institutions (ENNHRI) to ensure that the proposal aligns with international standards.

On the subject of moral authority, the Ombudsman explained that the way he is appointed plays a crucial role. Being elected by a unanimous vote in Parliament gives the position legitimacy and reinforces its responsibility to act as a strong advocate for fairness, justice, and good governance. He also noted that the Office’s efforts to be more accessible to the public have been central to its success. By engaging with the media, meeting people in various settings, organising information sessions, and fostering relationships with NGOs and Ambassadors, the Office has strengthened its role as a trusted institution.

The interview concluded with a discussion on the collaboration between the Office of the Ombudsman and the University of Malta in launching the Master of Arts in Ombudsman Law and Governance. The course, which will commence in October 2025, will serve as a regional platform for students from the Mediterranean, Europe, and beyond to explore key themes such as investigation, mediation, legal systems, and fundamental human rights. This international and transdisciplinary programme will also provide students with practical skills in comparative governance, social dialogue, regulation, compliance, and institutional behaviour. This will be the first course of its kind, reinforcing the growing recognition of the Ombudsman’s role in modern governance.