The Ombudsman is an independent Officer of Parliament appointed by the President of the Republic acting in accordance with a resolution of the House of Representatives, approved by the votes of not less than two-thirds of all Members of the House. The Ombudsman institution was set up by the Ombudsman Act (Act No XXI of 1995), which was assented to by the President on 25 July 1995. Twelve years later, almost to the day, the House of Representatives unanimously approved the Constitution of Malta (Amendment (2)) Bill incorporating the Ombudsman institution in the Constitution. The Act was given the Presidential assent on 24 July 2007 and recognised the Ombudsman as a constitutional authority by means of an entrenched clause that can only be amended by a resolution supported by not less than two-thirds of all Members of the House.
In 2010, the Ombudsman Act was amended by Act XVII of 2010 to provide for the appointment of Commissioners for Administrative Investigations in specialised areas of public administration. The amendments guarantee complete independence and autonomy to the Commissioners in exercising their respective powers and functions in the areas falling under their jurisdiction. The Act requires them to follow the same investigative processes and procedures the Ombudsman is bound to follow. The Act also includes other provisions that further regulate the work of the Parliamentary Ombudsman and the Commissioners to ensure a more homogeneous and uniform investigative process. These Commissioners are also Officers of Parliament.
