The institution of the Ombudsman in Malta : the issue of non-compliance

Abstract

When the Ombudsman concept was introduced in Malta in 1995 the public outlook was very positive and with retrospect one is to conclude that the institution lived up to the expectations. However, a number of sustained cases that remain unimplemented by public authorities seem to dampen, in a way, the public perception of the Office and they are the main concern of the present holder of the Office, to the extent that the Ombudsman, on numerous occasions, felt that he had to go public about this matter. This study is structured into six sections: The introductory section provides a brief historical background and a brief explanation of the concept. Section 2, on the one hand, focuses on the function of the Ombudsman, and on the other displays the Ombudsman's powers and limitations, while considering the advantages and disadvantages of referring a case to the Ombudsman. Sections 3 and 4 concentrate on the main theme of this study. While Section 3 attempts to provide a comparative study with other European ombudsman institutions, and analyses the contents of five questionnaires, Section 4 investigates the question of the unresolved justified complaints and attempts to evaluate their impact not only on the individuals concerned but also on the Ombudsman's institution itself and society at large. In order to do so, the study examines the contents of five face to face interviews conducted purposely for this study with: - Chief Justice Emeritus Joseph Said Pullicino [Appendix Ill & Appendix IV - Interview with Chief Justice Emeritus .Joseph Said Pullicino] - Mr. Joseph Sammut [Appendix V & Appendix VI - Interview with former Ombudsman Mr. Joseph Sammut] - Dr. Michael Frendo [Appendix VII & Appendix VIII - Interview with Mr. Speaker Dr. Michael Frendo] - Dr. Carmelo Mifsud Bonnici [Appendix IX & Appendix X - Interview with Justice and Home Affairs Minister Or. Carmelo Mifsud Bonnici] - Dr. Toni Abela [Appendix XI & XII - Interview with Dr. Toni Abela, Deputy Leader for Party Affairs, Partit Laburista] In Section 5 this study enters into the debate about the setting-up of a parliamentary committee, similar to the British Select Committee on the Parliamentary Commissioner for Administration, and goes on to provoke a discussion about a number of suggestions. Section 6 offers concluding remarks.