In reaction to the Ombudsman's statement that current legislation erodes his jurisdiction over the protection of patient and employee rights with regards to the Public-Private Partnership (PPP) health service, The Health Ministry has remained steadfast, stating that current law covers patients and workers of a hospital falling under a PPP agreement.

The Ombudsman, contrary to the protestations of Minister for Health Chris Fearne and the Attorney General, had told The Malta Independent that current legislation does in fact erode his jurisdiction over the protection of patient and employee rights with regarding to the Public-Private Partnership (PPP) health service.

The whole issue surrounding the protection of employers and patients' rights, with regards to VGH, arose when the Ombudsman's Annual Report 2016 flagged the privatisation of essential services in Malta, namely that within the health and energy sectors, as areas of concern that could negatively affect good governance by the Ombudsman.

The Ombudsman's Annual Report noted that it was of his opinion that that his jurisdiction in these areas "was being significantly eroded".

In the health sector, the report says both patients and government employees are "already experiencing a marked diminution of their right of access to the Commissioner for Health and the Ombudsman."  The Ombudsman said the entire population of Gozo was being "practically excluded from direct access to the Commissioner of Health when being treated in the now privately owned general hospital." This, he said, was an "unacceptable situation that improperly discriminates against a section of the population."

The Ombudsman also recalled that the Commissioner for Health, who had expressed an inability to conduct his own initiative investigations, had sought assurances from the Ministry for Health that public private partnerships for the provision of essential health services would not prejudice the right of patients and employees within the public health care sector; and that the private sector provider have recourse to the Commissioner and the Office of the Ombudsman.

The Ombudsman and the Commissioner for Health have submitted amendments to the Ombudsman Act for the consideration of Government.

Reacting to the report, Health Minister Chris Fearne said the Attorney General had informed him that no amendments to the Ombudsman Act were needed as existing legislation already provides protection to patients and employer who would use the Public-Private Partnership health service managed by VGH.

But when asked to react to the minister's statement, a spokesperson for the Ombusdman said: "The Ombudsman's reading of existing legislation does not seem to tally with the advice of the Attorney General's office. It is therefore prudent that the issue is examined in depth."

The Office of the Ombudsman, the spokesperson claims, has on various occasions set out its position to Government on the apparent lack of jurisdiction, specifically Article 12 Sub-Article 1(b) of the Ombudsman Act, of the Ombudsman to investigate complaints against private companies providing a public health service over which the Government does not have a controlling interest, or over which it does not have effective control.

"It is the Ombudsman's opinion that there is need for the law to be amended to ensure that all those presently having the right to complain to his Office will continue to have such access."

The Nationalist Party yesterday claimed that for Prime Minister Joseph Muscat, Gozitans were second-class citizens, while calling on Minister without Portfolio Konrad Mizzi to publish the contract signed with VGH without any redactions. This, the party said, would improve transparency and serve the best interests of the country.

In reply, the Labour Party said that in spite of the campaign of fear perpetrated by Simon Busuttil and his opposition, the truth was that Gozitans will be provided with the highest quality medical care for no personal cost. It said that Barts Medical School will also provide increase in foreigners on the island which will result in strong economic growth for Gozo.

The statement also said that this sentiment was not only emerging from the Government and the Labour Party, but former PN Candidate Albert Fenech.

Government statement

The Health Ministry has said that there is no need for a change in law for patients and workers at the Gozo Hospital to submit complaints to the Ombudsman.

The Health Ministry released a statement, in which it said it asked for legal advice, “which confirmed that the current laws regarding the Ombudsman, in the 1995 Act, covers patients and workers falling under a PPP agreement."

“Legal Notice 250 of 2012 of the Ombudsman Act, Article 2c, states: ‘Health service’ means a health service provided by the Government, other authority, body or person to whom the Act applies, whether such service is preventive or curative, and includes: (c) a health service as aforesaid which is provided for or on behalf of Government through the private sector.”

 

The Health Ministry is determined for this fundamental right for both workers and patients to remain safeguarded. “This was also discussed in meetings between Ombudsman officials and the ministry.