When institutions can’t work

More than 18 months have passed since the Ombudsman’s term expired. Anthony Mifsud was supposed to have been replaced in March 2021, but he is still leading the Office, ad interim, until an agreement is reached on his successor.

In a report tabled in Parliament a few days ago, he said that the situation is creating uncertainty and demotivation. It is also making planning impossible. It’s clear that one of the most important institutions in the country is not functioning as it should.

Mifsud suggested that there should be an anti-deadlock mechanism in place to unblock the system when the two-thirds majority in the House of Representatives to appoint persons in his position cannot be reached. Nothing has been done to correct this anomaly.

A few weeks ago, then, the Standards Commissioner also vacated his position to take up a post as Malta’s representative on the European Court of Auditors. In his final press conference in September, George Hyzler said that it would be detrimental to leave the Office unoccupied as there is so much work that needs to be done. A second, equally important, institution is also not operational.

Hyzler also said that with the Prime Minister he had discussed ways that could prevent such a situation from happening again. He suggested the appointment of a temporary commissioner or creating the post of a deputy commissioner who could take over the running of the Office until the matter is resolved.

So far, Hyzler has not been replaced. Since he moved on to the ECA, the Standard Commissioner’s Office is without a captain.

That these two institutions, so important in their function in our democracy, are not performing or at least not operating to the best of their abilities, is worrying.

And it is a confirmation that the government does not really mean it when it says that it is open to scrutiny, or that it wants the country’s institutions to work.

These two offices have been particularly vocal on the government’s shortcomings; their reports and decisions have often embarrassed the government as a whole or individuals who form part of it.

Government’s reluctance in coming to terms with the Opposition on the persons who will eventually be running these two offices is therefore perceived as an attempt to stifle their work. Or, even more likely, trying to find someone who is “closer” to its heart. In the meantime, the vacuum persists.

In the course of their duties, both Mifsud and Hyzler acted impeccably, without fear or favour. What was black was black and what was white was white. Their Offices were two of the very small list of Maltese institutions that functioned as they should. Now, given the situation, they no longer do.

Nobody called for their impeachment, as is the case, for example, of the Attorney General, Victoria

Buttigieg, and Magistrate Nadine Lia, who are in the proverbial eye of the storm for different reasons. Both of them, according to NGO Repubblika, should be removed from their position following court rulings that “rocked” the system and showed that they “are not fit” to occupy their respective role.

Whereas other institutions, most notably the police, and more recently even other entities such as the Malta Philharmonic Orchestra and the Manoel Theatre, have come under fire for their shortcomings, the offices of the Ombudsman and the Standards Commissioner were seen as an example to be followed.

The fact that as things stand now they cannot function means that the country is being deprived of institutions that were specifically set up to serve as a watchdog.

Government has been accused of riding roughshod many times. It has been accused of cultivating a culture of impunity. It has also been accused of trying its hardest to undermine the work of institutions and of also putting people on them who serve the government’s purposes. Added to this, there have also been occasions when, given the way the system works, institutions that worked properly saw their efforts thwarted.

For example, there have been times when Parliament’s Standards Committee failed to take the appropriate action against government MPs who were found to have breached the rules by the Standards Commissioner.

Suggestions have been made for this committee to be replaced by one which is completely independent of Parliament – as now it is made up of two members from each side of the House, with the Speaker serving as its chairman. So far, government has not shown a predisposition to listen to such a suggestion.

Government is failing to convince us that it really wants the country’s institutions to work as they should.