The Parliamentary Ombudsman highlights the role and future of the institution on Mill-Kamra

Published February 12, 2025

The Parliamentary Ombudsman highlights the role and future of the institution on Mill-Kamra

Published February 12, 2025

The Parliamentary Ombudsman, Judge Emeritus Joseph Zammit McKeon, was interviewed on Mill-Kamra by journalist Karl Azzopardi. During the interview, the Ombudsman provided valuable insights into the functions of the Office, the challenges faced, and the ongoing efforts to broaden its remit to include the promotion and protection of human rights.

The Ombudsman’s role and functions

Judge Zammit McKeon outlined the fundamental functions of the Office of the Ombudsman, explaining that it investigates acts or omissions by government bodies. He clarified that “government” in this context includes the public administration and public entities. He emphasised that any person—not just Maltese citizens—can lodge a complaint with the Office, including NGOs and companies.

The Ombudsman also discussed the power of the Office to initiate investigations on its own, especially in cases of systemic failures or issues of public interest. He highlighted the broad scope of the Office’s remit, describing the Ombudsman as a “watchdog with a positive attitude,” focusing on building bridges between individuals who need a voice and the public administration.

He noted the importance of regular meetings with the public service to address and resolve issues that affect people directly. This collaborative approach ensures that the Office remains proactive in safeguarding good governance and fairness in public administration.

Expanding the Ombudsman’s remit: A step towards the establishment of an NHRI in Malta

When asked whether the Ombudsman needs more power, Judge Zammit McKeon explained that the Office is not seeking to increase its authority but rather to widen its remit to include the promotion and protection of human rights. He noted that Malta is one of only two countries in the European Union that does not have a National Human Rights Institution (NHRI) in line with the Paris Principles.

In many EU countries, the Ombudsman and NHRI functions are integrated within a single institution. The Ombudsman explained that the Office has proactively proposed new legislation to broaden its mandate, ensuring that individuals who experience human rights injustices can seek redress through the Ombudsman without necessarily resorting to the courts.

“This initiative aims to bring people closer to the institution,” he stated. “The goal is to ensure that the public administration works in the best interest of the people, especially those who fall outside the system and the voiceless.”

The need for Parliamentary engagement

The Ombudsman also addressed the necessity of Parliament engaging more directly with the Office’s reports, particularly when recommendations are not implemented by the public administration. He has proposed the establishment of a dedicated parliamentary committee to discuss and provide direction on Ombudsman reports.

In 2023 and 2024 alone, the Office submitted 29 reports to Parliament, which were tabled and made public. Judge Zammit McKeon emphasised that parliamentary scrutiny is essential to ensuring accountability and fostering a culture of transparency within the public sector.

Rigorous investigations and public trust

Judge Zammit McKeon elaborated on the meticulous and rigorous approach the Office takes when investigating complaints. This thorough methodology, he noted, gives Ombudsman reports significant moral authority. The impact of this is evident in the high implementation rate, with 78% of cases sustained in favour of complainants being successfully resolved by the public administration.

He also highlighted the increasing trust the public places in the Office, evidenced by a 137% rise in the number of people seeking assistance from the Ombudsman in 2024. “This growth demonstrates that people are aware of the institution and trust it to uphold justice and fairness,” he remarked.