Foreign Affairs Minister Michael Frendo said in Parliament on Wednesday that the constitutional amendment on the entrenchment of the Ombudsman – and the change of retirement age for magistrates – was a continuation of the work started in 1995 when the office of the Ombudsman, the administrative justice investigator, was set up
Dr Frendo said the amendment was an expression of political maturity, and that it truly embodied the rule of law, in its respect for human rights, the individual’s relationship with the state, where he/she is represented, may be active, and is not squashed by the machinery of the state. “The Ombudsman,” he continued, “ensures that the individual does not suffer from discretionary behaviour by public administration.”
Dr Frendo mentioned the fact that the Ombudsman has jurisdiction over local councils, and clarified that the EU Ombudsman is not the appeal agency for the Maltese Ombudsman, but rather “they work in parallel, however on different concepts.” The minister also made reference to the Ombuds-plan issued by the current Ombudsman, encouraging parliament to meet him in dialogue regarding the future role of the office he is occupying.
He also urged the House to consider the suggestion put forward by Ombudsman Joseph Said Pullicino, that his office should assume the role of commissioner for human rights.
Nationalist MP Michael Asciak sourced Aristotle’s Nichomacean Ethics in which there is a distinction between episteme – the theory of administration, and froseni – practical reasoning. “The administration of justice always finds a balance between these two, and at times falls between them. Therefore the application of justice requires more than justice as is written down in law – the institution of the Ombudsman can give equity and practical reasoning to those that have fallen into the crevices of public administration.”
Dr Asciak also spoke about the fact that the Ombudsman is also in a better position than written law to decide on things, seeing as the Ombudsman has epicea – the ability to see the intention of the legislator in writing the law.
MLP’s main spokesman for agriculture, fisheries, and rural development Noel Farrugia, though agreeing with the amendment saying it “respected the very person of the citizen”, kept emphasising upon the fact that those people who fill in the roles of public servants, ministers, and public personnel, should have a sustainable respect for the post which they fill.
“Our Constitution is based on the right to work, a fundamental right and freedom of the individual,” and yet this he felt, was not being respected, particularly through the injustices of the surcharge, and travel taxes, but most especially through non-promotions being given to the armed forces – an across the floor debate again raising here – and public servants, because of sheer political bias.
Motions were passed unanimously for the first reading of Public Administration Act as well as the first reading of the Act Amending the Act for Income Tax.
The House rose for its Easter recess and will convene again on 16 April.