I write on behalf of the Ministry of Education and Employment with reference to Joe Falzon’s letter entitled “Blind justice” (TMIS, 10 June).

The series of unconnected, fallacious and inconsistent arguments brought forward by Mr Falzon defy any sense of logic and are a pathetic attempt to bury the very simple fact that the Ministry has been insisting upon from day one, that is, that the Ministry has done no wrong. It is a fact acknowledged by the Ombudsman himself and it is only Mr Falzon who is refusing to acknowledge likewise.

The issue centres around the fact that Mr Falzon’s Master’s degree was assessed according to the criteria adopted several years ago and applied in all similar cases. The decision at the time was that his qualification was not equivalent to a Master’s degree, which made him automatically ineligible for a qualification allowance

Mr Falzon completely distorts the truth. He refers to a ‘refusal’ by the Ministry of Education to give arrears ‘awarded’ by the Ombudsman. In the first place, the Ministry, on an entirely ‘without prejudice’ basis, has never refused to pay what the Ombudsman recommended. On the contrary, the Ministry is ready to follow the Ombudsman’s recommendations, even though it is not obliged to do so by law.  It is only Mr Falzon who wishes to go beyond these recommendations.

In the second place, Mr Falzon should note that the Ombudsman does not ‘award’ compensation. According to law, the Ombudsman can only make recommendations and it is up to the administration to decide whether to follow those recommendations or otherwise. The Ministry has, in all good faith, accepted to follow the Ombudsman’s decision on an entirely without prejudice basis.

With respect of the threat contained in the last paragraph, it should be reiterated and emphasized that no amount of threats or harassing by email or any other means ever prevented the Ministry from doing its duty.

To conclude, as already mentioned, the Ministry is ready to effect payment to Mr Falzon, as recommended by the Ombudsman, on an entirely without prejudice basis, so long as there is an acknowledgement on the part of Mr Falzon that the payment of the said amount is not due at law and that it is only being effected with due deference to the recommendations of the Ombudsman. The offer still stands.

Joseph P. Bonello LL.D

BALZAN