Parliamentary Ombudsman addresses Social Justice Conference in Parliament

Parliamentary Ombudsman addresses Social Justice Conference in Parliament

Published February 20, 2025

The Parliamentary Ombudsman, Judge Emeritus Joseph Zammit McKeon, addressed conference on Social Justice held in Parliament, a yearly event on the initiative of the Hon. Ivan Bartolo, M.P., which was presided over by the Speaker of Parliament, Angelo Farrugia.

In his address, The Ombudsman stressed that social justice must be anchored in universal principles, with an emphasis on protecting the most vulnerable. He asserted that good laws fostering accountability are the foundation of social justice, but without effective enforcement, these laws cannot change lives. In his view, enforcement is essential, as those who default must face the consequences. The Ombudsman also highlighted the Office's role in providing remedies for administrative injustices and in promoting good governance, ensuring that public service and administration remain subject to democratic scrutiny.

The conference brought together a range of distinguished speakers from all walks of life, including Members of Parliament, the Hon. Michael Falzon, Minister for Social Policy and Children’s Rights, and the Leader of the Opposition, the Hon. Bernard Grech, with concluding remarks also delivered by Speaker Angelo Farrugia.

The translation, from Maltese, of the presentation made by the Ombudsman can be found below:

Mr Speaker,

Hon. Minister,

Hon. Leader of the Opposition,

Members of Parliament,

Distinguished guests,

The protection of social justice must never be considered in the abstract. It must be guided by universal principles that leave no room for doubt. Only in this way can one set a pattern for the implementation of measures by means of which social justice can truly be achieved, placing as the forefront all persons who yearn for justice most, especially the vulnerable.

Social justice must start from good laws that give rise to accountability. However, without enforcement and/or implementation, no matter how well laws are written or appear to be effective do not change the lives of people.  Enforcement makes all the difference. Whoever is in default must accept the consequences.

The Parliamentary Ombudsman of Malta has the primary function of providing remedies where injustices result in the administrative affairs of Government, meaning the public service and/or public administration. The Ombudsman is yet another legal vehicle to widen persons` access to justice.

The Office investigates written complaints submitted by persons regarding acts or omissions of the public service and /or public administration in the exercise of administrative functions.

However, that is not the only role of the Ombudsman.

The Office has an equally important function being the promotion of good administration in the affairs of Government, by fostering a culture of good governance, subject to democratic scrutiny with a view to better administrative practices and put aside unnecessary red-tape.

The Ombudsman enjoys credibility because it is an independent and constitutional office separate and distinct from the other constitutional organs and institutions of the State.  Since inception and for the past 30 years, the Office has been instrumental in identifying shortcomings in the administration of the public service and/or public bodies by recommending remedies, including changes to legislation for the better.

The Office is a good listener.  Gives assistance to all.  However, the Ombudsman gives particular attention to all who have sought redress from the public service and /or public administration to no avail.

The Ombudsman is available to all who have not been granted access to anything by the public service and /or the public administration and have nowhere else to go in order to seek answers to their complaints.

The Office is there for the voiceless and gives guidance to the downtrodden.

It is there for all those who have no stay or who have been put back in upholding their rights. People need understanding and attention.  They cannot be treated as numbers or made to feel prejudiced in any manner whatsoever where Government is concerned.  They deserve to be treated fairly.

In 2023, the Office received 528 complaints, followed by 564 complaints in 2024, an increase of 7%. In 2023, the Office provided assistance to 322 persons, and to 764 in 2024, an increase of 137%. In 2023, the Ombudsman (including the Commissioners) concluded 463 investigations: in 2024 there was an increase of 25% on the figure of 578.  In 2024 there were 254 investigations in progress, marking an increase of 61% when compared to the figure of 158 for 2023.

It is fair to say, without hesitation, that the Office is not there for those who choose to take a hard-headed approach when they file a complaint.  Neither it the institution there for those who even before they file a complaint, they insist that they are right and therefore expect that the Ombudsman has an obligation to sustain their complaint.

The Office is not intended for those whose because their complaints have been deemed unfounded go to the media and manifestly publicly their disapproval, when the Office cannot respond on matters that were the subject of investigations.  All information that derives from an investigation is secret and therefore the Ombudsman is legally bound to abide by what the law states.

I believe that investigations must be conducted with care and attention. They also have to proceed to conclusion within a reasonable time.  They must lead to fair and effective recommendations on the one hand in fair observance of the law and on the other in accordance with the facts and circumstances of every case.  Through the promotion of this methodology, recommendations acquire strong moral and persuasive authority, shifting the onus on the public service and/or the public administration to ensure fair implementation within a reasonable time.

Especially in cases where investigations are concluded in favour of the complainant, no Ombudsman should be satisfied his work is complete simply by presenting a final report.  Where recommendations are not implemented, an Ombudsman should not, as a matter of principle, refrain from using his discretion, as provided by the law itself, to refer that final opinion to the Prime Minister and should the recommendations remain unimplemented, then refer the matter to the House of Representatives, particularly where the subject matter raises the issue of public interest or propose changes to legislation or existing administrative practices.

I reject the argument of a few who state that the Office is ineffective because it is toothless. These few may have formed that opinion perhaps because the Office is empowered to make recommendations not give executive orders.

With all due respect, I beg to differ with the view of these few.  The facts speak for themselves. In 2023, 93 cases were resolved in favour of complainants without the need for a final report. In 2024, the figure rose to 111. It is fair to say that the majority of the recommendations submitted by the Office are implemented: 79% in 2023 and and 78% in 2024. The final reports with non-implemented recommendations received by Parliament were 14 in 2023 and 15 in 2024.  I insist that Parliament should do its part to act on recommendations that have not been implemented.

In conclusion, the Office is there to defend the rights of persons with fairness and justice. Respect for the rule of law is of utmost importance.  The public service and the public administration have an obligation to ensure adherence to the principles of good governance in the day-to-day handling of the administration of the affairs of Government.