Ombudsplan 2025 tabled in Parliament

Ombudsplan 2025 tabled in Parliament

Published October 08, 2024

Proposes an Ad Hoc Select Committee of the House of Representatives to examine reports submitted by the Office of the Ombudsman

The Ombudsplan 2025, presented to the House of Representatives by the Parliamentary Ombudsman Judge Emeritus Joseph Zammit McKeon on 11 September 2025, outlines the Office of the Ombudsman’s activities, priorities, and financial requirements for the upcoming year while reflecting on the achievements of the previous period. The document has been tabled in Parliament, and a special session of the House Business Committee will be held to discuss its contents.

The report addresses several key issues that the Ombudsman believes could improve public administration and enhance the public service culture. These include:

Ad Hoc Select Committee of the House of Representatives 

The Ombudsplan 2025 proposes establishing an ad hoc Select Committee within Parliament to examine reports submitted by the Office of the Ombudsman. This would create a formal mechanism for parliamentary oversight, ensuring the Ombudsman’s recommendations are reviewed and acted upon.

The proposed Select Committee would help address the current challenge of public bodies failing to implement the Ombudsman’s recommendations. The Committee would promote accountability and ensure necessary reforms to improve public administration by providing a platform within Parliament for discussion and action.

National Human Rights Institution (NHRI) 

One of the key goals of Ombudsplan 2025 is to establish the Office of the Ombudsman as Malta’s National Human Rights Institution (NHRI). In 2024, the Office became an associate member of the European Network of National Human Rights Institutions (ENNHRI), marking a significant step towards full accreditation as an NHRI.

The plan outlines steps to strengthen the Office’s human rights mandate, enabling it to address broader human rights issues while continuing its core work of overseeing public administration. Establishing the Office as Malta’s NHRI would ensure alignment with international human rights standards and enhance its capacity to safeguard citizens’ rights.

The Right to Good Administration 

The Office of the Ombudsman continues to champion the right to good administration, a principle rooted in European and international law. The Ombudsplan reaffirms the Office’s commitment to ensuring that public bodies act transparently, fairly, and efficiently and respect individuals’ rights in their dealings with public authorities.

Where public administration falls short of these standards, the Ombudsman investigates and provides recommendations to improve governance practices. The report stresses the importance of public bodies taking these recommendations seriously to enhance service quality and uphold the right to good administration.

Access to Justice 

The Office of the Ombudsman provides an alternative and complementary route to the courts, offering a free and accessible way for individuals to seek redress against public authorities. The report highlights the Ombudsman’s unique role in addressing administrative injustice, particularly where legal fault may not be evident but procedural or ethical violations occur.

The Ombudsman plays a critical role in ensuring access to justice, especially for vulnerable individuals who may lack the resources to pursue legal action. By investigating and resolving complaints, the Ombudsman helps to ensure that individuals’ rights are upheld and that public administration operates within a fair and just framework.

Reiterating Ongoing Issues 

The Ombudsplan 2025 revisits issues highlighted in last year’s report, on which little or no progress has been made.

Protocol No. 12 of the European Convention on Human Rights and Fundamental Freedoms 

The report underscores the relevance of Protocol No. 12 of the European Convention on Human Rights, which enshrines the principle of non-discrimination. The Ombudsman’s investigations frequently involve unequal treatment and discrimination within public administration. By aligning its practices with the standards of Protocol No. 12, the Office ensures that public bodies respect the fundamental rights of all individuals, regardless of background.

The Ombudsplan 2025 encourages public administration to fully embrace the principles of Protocol No. 12, ensuring that policies and practices do not disadvantage any group or individual.

Suspension of prescription 

The Ombudsman continues to advocate for the suspension of prescriptions in cases where individuals have filed complaints with the Office. Currently, legal time limits (prescriptions) may continue to run while the Ombudsman investigates, potentially affecting a complainant’s ability to seek further legal redress.

The report argues that suspending prescription during the Ombudsman’s investigation would safeguard individuals’ rights by ensuring their access to justice is not compromised by administrative delays or lengthy investigations.

Commitment to investigating complaints 

The Ombudsman reaffirmed his commitment to impartially investigating complaints lodged by individuals against public authorities. In 2024, the Office handled 372 complaints, reflecting a 6% increase from the previous year. This rise is attributed to heightened public awareness and the Office’s proactive outreach strategy, which also led to an 84% increase in public assistance.

The Ombudsman’s investigation focuses on ensuring fairness and transparency, safeguarding citizens’ rights against maladministration. The report notes that the Office has strengthened its internal processes to manage an increased case volume while maintaining effectiveness.

Own-Initiative Investigations and the common good 

A significant feature of the Ombudsplan 2025 is the continued emphasis on own-initiative investigations, launched without formal complaints to address systemic issues that affect large portions of society. The Ombudsman uses these investigations to promote the common good, targeting widespread concerns and recommending improvements in public administration.

The report highlights the importance of these investigations, as they go beyond individual cases to uncover deep-rooted issues that may otherwise remain unnoticed. These initiatives often lead to policy changes and reforms that benefit the public and contribute to better governance.

The Office and Public Administration 

The relationship between the Office of the Ombudsman and public administration is central to the Ombudsman’s role. The Ombudsplan 2025 outlines the Office’s ongoing efforts to ensure public bodies uphold fairness, justice, and accountability principles. The Ombudsman acts as a bridge between citizens and public bodies, investigating complaints and offering recommendations to improve governance.

While the Ombudsman’s recommendations have led to tangible improvements in several areas, the report stresses the need for stronger cooperation from public bodies. Some recommendations remain unimplemented, limiting the potential for broader systemic improvements.