Newly elected President of the Medical Association of Malta Patrick Sammut highlighted his concern over the Medical Council's inability to currently carry out its investigative function, a point which one hopes the government has taken note of.

The Council is the body that regulates the medical profession and ensures that everyone abides by ethics.

During an interview with The Malta Independent on Sunday, Sammut pointed to a court judgement that was issued in 2023. The court had thrown out an investigation by the council into doctor and PN MP Stephen Spiteri over allegations of signing medical certificates without examining patients, finding that the Council's process was unfair and breached his rights. The court noted that in so far as the Medical Council has the function to investigate, prosecute, present evidence, judge and impose penalties on the applicant, it amounts to a breach of his fundamental right to a fair hearing as enshrined in the Constitution and the European Convention. The judge had noted that the Medical Council does not satisfy the criterion of objective impartiality.

As the court said, an entity cannot be an investigator, prosecutor, judge and jury all in one, as that breaches an accused' rights.

This, Sammut said, has resulted in the council being unable to take disciplinary action against a member of the medical profession/dental profession.

This is not good for both patients as well as the medical profession in general. The council, or some entity, must be able to uphold medical ethics and be a strong regulator for the profession.

"We need a strong medical council to regulate the profession, protect the patient and protect the professional," Sammut said. He noted that there have been cases of forged signatures of medical professionals, in reference to the disability benefits scandal.

The government is working on a draft, he adds, and one hopes this is close to completion. That draft must address the issues which the court uncovered, and offer solutions. It must also be put to a public consultation, in order for it to be refined prior to legal changes being enacted.

The medical profession is one of the most revered professions anyone can work in. We have seen countless laws be implemented over the past couple of years. One does question why it is taking the government so long to come forward with a draft to solve this particular issue.

In March of this year, the Times of Malta reported that Ian Baldacchino, a member of the medical council, stepped down citing his frustration with the council's inability to carry out its investigative function. It reports Baldacchino as saying that little progress was made as the council's proposals to address issues fell on deaf ears.

Following this court decision, the government would also do well to check and ensure that no similar legal problems exist with other regulators, lest a similar case come forward regarding some other sector.