Legislation that is being proposed in Parliament entitled The Public Administration Act is a first of its kind. Prime Minister Lawrence Gonzi highlighted the principles set out in the Bill in Tuesday’s parliamentary sitting. One of the first principles mentioned in the Bill is the principle of accountability. Government departments, agencies and entities except commercial companies will be accountable for their actions.
Dr Gonzi then spoke about the public administration values that are set out in the proposed Act. Public employees will exercise any powers vested in them by law, and deliver services to the public, courteously, expeditiously and impartially; provide objective and knowledgeable advice on matters within their competence; efficiently and effectively implement the policies of the government of the day; contribute towards the coordination of government policy in conjunction with other departments, agencies, government entities and local councils; and contribute through their own conduct to making their workplace one which recognises talent, develops skills and abilities, rewards performance, avoids discrimination and offers safety.
The Act provides for the structuring of ministries and government departments. The ministry as an organisation has always existed independently from departments. However the structure of ministries and departments has never been recognised under any law. The Act also identifies which offices have the status of a department, as up till today there exists an ambiguity on such a matter.
The Principal Permanent Secretary is quite a recent innovation that is having successful results. The Act provides that the Principal Permanent Secretary is to be head of the public service. Such a figure is empowered to issue directives and guidelines in relation to government departments. In addition, the provisions of the Act regulate the heads of department and the senior executive service.
The head of department is considered to be the employer of the staff that falls under his/her department. The Act caters for those public officers who are considered a surplus under the heading “surplus pool”. The Public Service Commission will continue to regulate the civil service. However in addition to such a function, the commission shall also act as a Merit Protection Commission.
A provision in the Act is providing for the whistle-blowing concept. The Merit Protection Commission will ensure that no employee of a government agency or government entity is victimised for making any report to his superior, to the commission or to another relevant authority about any breach by another employee of the Code of Ethics or of any other provision of the Act or any other law. Dr Gonzi noted that the government is always open for any suggestions.
Labour spokesperson for the public sector and women’s rights Helena Dalli said that she wished to comment about the proposed Public Administration Act but following the Prime Minister’s input to the debate on Monday’s parliamentary sitting, she said that she could not refrain from addressing the political issues brought forward by the Prime Minister. It is a shame that the Prime Minister is using the proposed Act as a political tool in view of the next general election.
In 1995, then Prime Minister Dr Eddie Fenech Adami wanted to introduce a Public Administration Act. Using the Act in the political campaign leading to the 1996 elections, the Nationalist Party lost the elections and thus such an Act was not introduced. When the Nationalist Party was elected in 1998 such an Act was not implemented. Ms Dalli asked whether it was ethical that the government was proposing the Act on the eve of a general election. Ms Dalli insisted that there must be a serious study before rushing to adopt such an Act.