Executive Accountability
#30Key Findings
Reflecting several notable weaknesses, Malta performs relatively poorly (rank 30) in the area of executive accountability. Its score on this measure has improved by 0.1 point relative to 2014.
The part-time parliament has insufficient resources and comparatively weak executive-oversight powers, though a recently passed act gives it greater control over budget decisions. The audit office is independent and active, while the ombudsman is highly esteemed but has limited powers. The data-protection authority is effective and independent.
While media competition has improved public access to information, media tend to be highly polarized, with coverage dictated by their business-sector owners or ties to specific political parties. Infotainment programming remains widespread. A large amount of policy information is easily accessible, but many citizens get low-quality information from social media.
Political parties are giving members a growing voice in the selection of leaders, but decisions are made by official organs. Economic-interest groups are usually capable of formulating relevant policies, and consulted closely with the government during the pandemic. Non-economic groups have acted proactively in a number of various policy areas, often drawing on external academic support.
The part-time parliament has insufficient resources and comparatively weak executive-oversight powers, though a recently passed act gives it greater control over budget decisions. The audit office is independent and active, while the ombudsman is highly esteemed but has limited powers. The data-protection authority is effective and independent.
While media competition has improved public access to information, media tend to be highly polarized, with coverage dictated by their business-sector owners or ties to specific political parties. Infotainment programming remains widespread. A large amount of policy information is easily accessible, but many citizens get low-quality information from social media.
Political parties are giving members a growing voice in the selection of leaders, but decisions are made by official organs. Economic-interest groups are usually capable of formulating relevant policies, and consulted closely with the government during the pandemic. Non-economic groups have acted proactively in a number of various policy areas, often drawing on external academic support.
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To what extent are citizens informed of public policies?
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Most citizens are well-informed of a broad range of public policies.
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Many citizens are well-informed of individual public policies.
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3
Few citizens are well-informed of public policies; most citizens have only a rudimental knowledge of public policies.
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1
Most citizens are not aware of public policies.
A relatively large amount of policy information is made available to citizens, and this information is in general easily accessible. There are several channels to access this data. There is a Freedom of Information, but restrictions mean that information requested is not always available. Access to contracts between government and private investors remains problematic. In 2021, 30 government ministries and entities appealed against a decision by the information and data protection commissioner, which ordered the disclosure of information on public expenditure requested by the news media. The data protection commissioner has stated that “the law allowing public access needs to be amended to remove hurdles.” Information is available through a number of mediums. Parliamentary debates are televised, information leaflets are distributed door to door, and competition between media outlets has improved public access to information with leading media outlets hosting their own investigative television series. The National Statistics Office and the Department of Information regularly make information available to citizens, as do the ombudsman and the National Audit Office. Some of the more complete reports assessing government policy however come from the European Commission. Unfortunately, many use social media to gain information, a highly unreliable medium. A 2019 European Commission paper indicates that percentage of individuals using the internet to interact with government authorities is below the EU average. However, the share of those using it to obtain information is close to the EU average. Consultation documents uploaded on government websites have improved the amount of information available in a highly digitized society.
Citations:
Maltese more likely to trust government than the media study shows, Times of Malta 02/06/17
Standard Eurobarometre 86 Autumn 2016 Media use in the European Union
Standard Eurobarometre 88 Autumn 2017 Media use in the European Union
Over 400 freedom of information requests in three years. Times of Malta 30/11/17
https://www.independent.com.mt/articles/2019-02-20/local-news/Maltese-people-trust-political-parties-more-than-the-written-press-Eurobarometer-survey-6736203951
Times of Malta 04/09/2019 Central link trees to remain for a little while longer
European Commission Digital Government Fact sheet 2019 Malta
European Commission Standard Eurobarometer 91 June 2019
Reporters without borders 09/02/22 Malta Press freedom groups raise concerns over unprecedented obstructions to freedom of information
Times of Malta 25/05/21 Freedom of information law needs to be revised
Lovin Malta 14/06/2021 Information blackout on St Vincent de Paul contract as three FOI requests get rejected
Citations:
Maltese more likely to trust government than the media study shows, Times of Malta 02/06/17
Standard Eurobarometre 86 Autumn 2016 Media use in the European Union
Standard Eurobarometre 88 Autumn 2017 Media use in the European Union
Over 400 freedom of information requests in three years. Times of Malta 30/11/17
https://www.independent.com.mt/articles/2019-02-20/local-news/Maltese-people-trust-political-parties-more-than-the-written-press-Eurobarometer-survey-6736203951
Times of Malta 04/09/2019 Central link trees to remain for a little while longer
European Commission Digital Government Fact sheet 2019 Malta
European Commission Standard Eurobarometer 91 June 2019
Reporters without borders 09/02/22 Malta Press freedom groups raise concerns over unprecedented obstructions to freedom of information
Times of Malta 25/05/21 Freedom of information law needs to be revised
Lovin Malta 14/06/2021 Information blackout on St Vincent de Paul contract as three FOI requests get rejected
Does the government publish data and information in a way that strengthens citizens’ capacity to hold the government accountable?
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9
The government publishes data and information in a comprehensive, timely and user-friendly way.
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6
7
6
The government most of the time publishes data and information in a comprehensive, timely and user-friendly way.
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3
4
3
The government publishes data in a limited and not timely or user-friendly way.
2
1
1
The government publishes (almost) no relevant data.
Malta provides a mixed picture with regard to open-government issues. Since the country obtained EU membership, governments have found themselves increasingly pressured to provide information through more open and transparent channels. Malta has a Whistleblower Act. The National Statistics Office (NSO), which was last reformed in 2015, regularly makes freely accessible information available on various matters. The NSO also responds to researchers and the media seeking access to information relating to a great diversity of subjects. Every ministry, department, public corporation and public sector board must publish annual reports and information on their websites. Hence, a vast quantity of information can be accessed online through government websites or EU portals. Information can be obtained under the Freedom of Information Act. However, this remains contested territory. Governments tend to be reluctant to publish public contracts, citing commercial sensitivity. This can be valid in some cases, but not in others. The data commissioner, who had to adjudicate a case relating to documents pertaining to the Vitals hospital deal, was not allowed to view the documents in question. Such information may ultimately be obtained through a laborious process that involves submitting a request to NAO to investigate the matter. However, leaks are common, which demonstrates that secrecy is no longer an option. Ombuds Office reports tend to show that politicians and public authorities generally have a negative attitude toward disclosing information. This remains a challenge today, undermining the overall openness and transparency of public administration. The 2020 ombudsman report stressed the need to amend the FOI act to increase transparency, and for the ombudsman to be given more clout in situations when the executive and the public authorities are not prepared to provide information requested to facilitate investigations.
Citations:
Ministers should not only invite selected journalists to public events standards commissioner says. Times of Malta 06/02/19
‘Humanly impossible’ to establish number of vacant state properties Times of Malta 05/02/19
2017 Parliamentary Ombudsman Report
Times of Malta 16/10/19 Court rejects Times request for hospital deal documents
Ministry of Justice Annual Report 2018
Ombudsman annual report 2020
Citations:
Ministers should not only invite selected journalists to public events standards commissioner says. Times of Malta 06/02/19
‘Humanly impossible’ to establish number of vacant state properties Times of Malta 05/02/19
2017 Parliamentary Ombudsman Report
Times of Malta 16/10/19 Court rejects Times request for hospital deal documents
Ministry of Justice Annual Report 2018
Ombudsman annual report 2020
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Do members of parliament have adequate personnel and structural resources to monitor government activity effectively?
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9
The members of parliament as a group can draw on a set of resources suited for monitoring all government activity effectively.
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7
6
The members of parliament as a group can draw on a set of resources suited for monitoring a government’s major activities.
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3
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3
The members of parliament as a group can draw on a set of resources suited for selectively monitoring some government activities.
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1
The resources provided to the members of parliament are not suited for any effective monitoring of the government.
The passage of a new act in 2016 giving parliament financial autonomy over its internal budget decisions (the Parliamentary Services Act), and an increase in funding in the 2017 and 2018 budgets, has left members of parliament in Malta with more resources than previously. Members of permanent parliamentary committees enjoy support from newly appointed research officers as well as academics and specialists. Greater participation of members of parliament in international conferences has helped bridge the resource gap, but much more is required. These developments have improved the process for evaluating EU legislation and other social issues. Additional resources must be allocated to the parliamentary scrutiny committee dealing with pipeline aquis. Furthermore, despite improvements, legislators have too few resources to support their legislative work. In 2020, the opposition leader made a request for more parliamentary resources. Staff members are too few in number, and fully occupied by their primary duties. Part of the fault lies with the present setup. Members of parliament do not give up their private professional activities, since their role as legislator is a part-time occupation. This results in constraints on the amount of time dedicated to parliamentary business, and may also produce conflicts of interest. Members of parliament can now be fined for not attending sittings. Meeting times have changed to make it easier for female members to participate. However, to date, no child support is provided during parliamentary sessions. Meanwhile, the vested interests of members of parliament, who are also members of a profession, remain an obstacle. The practice of back-bench lawmakers sitting on government boards or working in government departments, and large cabinets that include a majority of government-party parliamentarians, also undermines their ability to monitor the government effectively.
Citations:
Camilleri, I. Parliament is out of touch with Brussels. No feedback to Brussels’ documents. Times of Malta 14/06/11
Its too early to talk about what is in store for me Times of Malta 11/10/2015
MPs express different opinions on pay rise for politicians, full-time parliament proposals. Malta Today 6/01/2015
http://www.timesofmalta.com/articles/view/20160111/local/new-law-will-make-parliaments-administration-autonomous-of-the.598431
Parliamentary service Act Chapter 562 ACTXL11 of 2016
Most PN proposals to improve parliamentary work included in PL manifesto – government Times of Malta 19/08/17
The PN has seven suggestions for a better functioning parliament Times of Malta 18/08/17
Speaker concerned about incomplete security coverage around parliament. Times of Malta 30/11/17
Times of Malta 22/01/2020 Executives dominance of Parliament
Times of Malta 20/01/20 PN requests more parliamentary resources
Malta Employers Association; Parliamentary Reform: Towards a More Productive Parliament Position paper February 2020
Citations:
Camilleri, I. Parliament is out of touch with Brussels. No feedback to Brussels’ documents. Times of Malta 14/06/11
Its too early to talk about what is in store for me Times of Malta 11/10/2015
MPs express different opinions on pay rise for politicians, full-time parliament proposals. Malta Today 6/01/2015
http://www.timesofmalta.com/articles/view/20160111/local/new-law-will-make-parliaments-administration-autonomous-of-the.598431
Parliamentary service Act Chapter 562 ACTXL11 of 2016
Most PN proposals to improve parliamentary work included in PL manifesto – government Times of Malta 19/08/17
The PN has seven suggestions for a better functioning parliament Times of Malta 18/08/17
Speaker concerned about incomplete security coverage around parliament. Times of Malta 30/11/17
Times of Malta 22/01/2020 Executives dominance of Parliament
Times of Malta 20/01/20 PN requests more parliamentary resources
Malta Employers Association; Parliamentary Reform: Towards a More Productive Parliament Position paper February 2020
Are parliamentary committees able to ask for government documents?
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9
Parliamentary committees may ask for most or all government documents; they are normally delivered in full and within an appropriate time frame.
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The rights of parliamentary committees to ask for government documents are slightly limited; some important documents are not delivered or are delivered incomplete or arrive too late to enable the committee to react appropriately.
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The rights of parliamentary committees to ask for government documents are considerably limited; most important documents are not delivered or delivered incomplete or arrive too late to enable the committee to react appropriately.
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Parliamentary committees may not request government documents.
Parliamentary committees may request documents from the government, though the government is not obliged to comply. For example, the government could refuse to release documents, because the documents could contain commercially sensitive information or it is too soon to make the information public. However, by reference to the NAO or Ombuds Office and reports by the Officer in Responsible for Standards in Public Life, much more information can be obtained and documents consulted. Numerous ombudsman reports have stressed the need for more openness. The speaker of the house has made a number of rulings on the issue of documents being made available to the house. Another route is through the parliamentary question and ministerial statement processes. However, in 2021 (up to October), a total of 19 government members of parliament failed to answer questions filed by opposition members of parliament.
Citations:
Said Pullicino, J (ed) 2015 The State’s Duty to Inform Office of the Parliamentary Ombudsman
Annual Report 2020 Parliamentary Ombudsman
Ruling delivered by the speaker following the request for tabling of documents sitting nos 79 6th February 2018/ sitting nos 80 7th February 2018https://www.maltatoday.com.mt/news/national/10588/nao-study-reports-on-success-of-teleworking#.Ybs73oatQoRhttps://www.maltatoday.com.mt/news/national/103437/damning_report_finds_collusion_between_vitals_and_government_on_hospitals_deal#.Ybs8NIaGMoQ
https://www.maltatoday.com.mt/news/national/102476/majority_of_national_audit_office_recommendations_implemented_annual_report_shows#.Ybs8f4aP_l4
Ruling by the Speaker concerning the tabling of documents already in the public domain sitting No 328 Monday 1th May 2020
The Shift 22/10/2021 19 Government MPs stonewall questions from opposition MPs since reopening of parliament
Citations:
Said Pullicino, J (ed) 2015 The State’s Duty to Inform Office of the Parliamentary Ombudsman
Annual Report 2020 Parliamentary Ombudsman
Ruling delivered by the speaker following the request for tabling of documents sitting nos 79 6th February 2018/ sitting nos 80 7th February 2018https://www.maltatoday.com.mt/news/national/10588/nao-study-reports-on-success-of-teleworking#.Ybs73oatQoRhttps://www.maltatoday.com.mt/news/national/103437/damning_report_finds_collusion_between_vitals_and_government_on_hospitals_deal#.Ybs8NIaGMoQ
https://www.maltatoday.com.mt/news/national/102476/majority_of_national_audit_office_recommendations_implemented_annual_report_shows#.Ybs8f4aP_l4
Ruling by the Speaker concerning the tabling of documents already in the public domain sitting No 328 Monday 1th May 2020
The Shift 22/10/2021 19 Government MPs stonewall questions from opposition MPs since reopening of parliament
Are parliamentary committees able to summon ministers for hearings?
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Parliamentary committees may summon ministers. Ministers regularly follow invitations and are obliged to answer questions.
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The rights of parliamentary committees to summon ministers are slightly limited; ministers occasionally refuse to follow invitations or to answer questions.
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The rights of parliamentary committees to summon ministers are considerably limited; ministers frequently refuse to follow invitations or to answer questions.
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Parliamentary committees may not summon ministers.
A parliamentary committee may call any minister unless precluded from doing so by a vote within the committee. In 2012, the house speaker ruled that committees have the authority to devise their own rules and approved this method. Since 2013, with few exceptions, ministers have freely appeared before various committees to provide explanations or answer questions. In fact, the number of such committee meetings has increased. Konrad Mizzi, a former minister, in 2021, initially refused on a number of occasions to appear before the public accounts committee to testify on electro-gas.
Citations:
http://www.timesofmalta.com/articles/view/20150824/local/security-committee-to-discuss-visas-scam.581745
http://www.timesofmalta.com/articles/view/20160919/local/public-accounts-committee-expected-to-examine-state-hospital-contracts.625475
http://www.timesofmalta.com/articles/view/20160118/local/committee-wrapping-up-long-oil-procurement-debate.599271
Times of Malta 13/10/2021 Konrad Mizzi refuses to appear in parliament as witness for a second time
Citations:
http://www.timesofmalta.com/articles/view/20150824/local/security-committee-to-discuss-visas-scam.581745
http://www.timesofmalta.com/articles/view/20160919/local/public-accounts-committee-expected-to-examine-state-hospital-contracts.625475
http://www.timesofmalta.com/articles/view/20160118/local/committee-wrapping-up-long-oil-procurement-debate.599271
Times of Malta 13/10/2021 Konrad Mizzi refuses to appear in parliament as witness for a second time
Are parliamentary committees able to summon experts for committee meetings?
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Parliamentary committees may summon experts.
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The rights of parliamentary committees to summon experts are slightly limited.
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The rights of parliamentary committees to summon experts are considerably limited.
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Parliamentary committees may not summon experts.
Parliamentary committees may summon experts to make presentations or help committees evaluate policies under discussion or shed light on issues under investigation. While the Parliamentary Accounts Committee has long used this process, it has recently become more widespread, with experts being called more frequently before the Social Affairs Committee, the Economic Policy Committee and to a lesser extent the Environmental Committee. However, problems may arise due to the government’s reluctance to reveal commercial information, as in case of the hospital management contract.
Citations:
Let MPs summon Vitals deal stakeholders. PN tells government, Times of Malta 06/01/1
Standing Orders of the House of Representatives Subsidiary Legislation Constit.02 Article 164
Financial scrutiny of Vitals to remain secret: Request to publish due diligence exercise denied by Data Protection Commissioner, Times of Malta 03/10/18
Citations:
Let MPs summon Vitals deal stakeholders. PN tells government, Times of Malta 06/01/1
Standing Orders of the House of Representatives Subsidiary Legislation Constit.02 Article 164
Financial scrutiny of Vitals to remain secret: Request to publish due diligence exercise denied by Data Protection Commissioner, Times of Malta 03/10/18
Are the task areas and structures of parliamentary committees suited to monitor ministries effectively?
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The match between the task areas of parliamentary committees and ministries as well as other relevant committee structures are well-suited to the effective monitoring of ministries.
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The match/mismatch between the task areas of parliamentary committees and ministries as well as other relevant committee structures are largely suited to the monitoring ministries.
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The match/mismatch between the task areas of parliamentary committees and ministries as well as other relevant committee structures are partially suited to the monitoring of ministries.
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The match/mismatch between the task areas of parliamentary committees and ministries as well as other relevant committee structures are not at all suited to the monitoring of ministries.
There are presently 16 standing committees, several of which are fully congruent with ministerial portfolios. These include health, foreign affairs, environment, economic and financial affairs, and social affairs. The main monitoring committee is the Public Accounts Committee, which is chaired by a member of the opposition. Since 2016, committees have become more involved in monitoring ministries, though they also retain an advisory role. Ad hoc committees are also established from time to time. The Standing Committee on Foreign and EU Affairs, for example, scrutinizes pipeline aquis, because of the scale of this task, three subcommittees were created: one acting as a clearinghouse, and the other two dealing with the various policy areas in line with ministerial portfolios. This standing committee also works very closely with the other standing committees. In 2018, a new Standing Committee for Standards in Public Life was inaugurated to assist the new commissioner in this area. This figure was empowered to look into breaches of ethics committed by members of parliament and those appointed within the public service on a position-of-trust basis. A new Petitions Committee has also been created. Additionally, a number of joint committees facilitate policy development and implementation across ministries.
Citations:
http://www.timesofmalta.com/articles/view/20160118/local/committee-wrapping-up-long-oil-procurement-debate.599271
http://www.timesofmalta.com/articles/view/20151024/local/zonqor-university-site-selection-to-be-discussed-during-parliament.589443
http://www.timesofmalta.com/articles/view/20150724/local/committee-to-consider-whether-gay-men-should-donate-blood.577877
http://www.parlament.mt/standing-committees?l=1
The Parliament of Malta web page
Parliament Annual Report 2020
Citations:
http://www.timesofmalta.com/articles/view/20160118/local/committee-wrapping-up-long-oil-procurement-debate.599271
http://www.timesofmalta.com/articles/view/20151024/local/zonqor-university-site-selection-to-be-discussed-during-parliament.589443
http://www.timesofmalta.com/articles/view/20150724/local/committee-to-consider-whether-gay-men-should-donate-blood.577877
http://www.parlament.mt/standing-committees?l=1
The Parliament of Malta web page
Parliament Annual Report 2020
Graph View
To what extent do media in your country analyze the rationale and impact of public policies?
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A clear majority of mass media brands focus on high-quality information content analyzing the rationale and impact of public policies.
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About one-half of the mass media brands focus on high-quality information content analyzing the rationale and impact of public policies. The rest produces a mix of infotainment and quality information content.
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A clear minority of mass media brands focuses on high-quality information content analyzing public policies. Several mass media brands produce superficial infotainment content only.
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All mass media brands are dominated by superficial infotainment content.
Maltese media outlets often publish what can be described as “infotainment,” or sensational or superficial content. Two reasons may explain this: First, in the country’s highly polarized and very small society, media outlets tend to follow their owners’ political lead, which here is often political parties or people with business and political connections to a political party. Second, the competition for readership and audiences is fierce, and revenue constraints restrict the quality of publications’ output. High-quality analysis of government policies remains rare, but is on the increase. One such example of this is the detailed scrutiny of the Vitals case on government involvement in the privatization of government hospitals. Improvements to the Freedom of Information Act in 2012 has improved media reporting, though numerous restrictions still exist and newspapers are often unable to obtain relevant data. The 2021 Media Pluralism Monitor has repeated much of its earlier criticism of the media in Malta, assigning Malta a medium-risk score for the fundamental protection of journalists, and a high-risk score for market pluralism and political independence. Media outlets in 2021 have been criticized for leaking information which may jeopardize the ability for several high-profile cases to receive a fair hearing. This includes the murder trial of Daphne Caruana Galizia. State media provides space to a diverse range of opinion and independent media programs. However, it has also come under criticism for increasing editorial control over content. Malta is one of the few countries in Europe in which there is no media-literacy policy aimed at giving citizens the critical skills needed for active participation in the contemporary exchange of information. Foreigners have been allowed to own a broadcasting media license since 2000.
Citations:
Aquilina, K Information Freedom at last, Times of Malta 22/08/12
https://www.timesofmalta.com/articles/view/20180309/local/maltese-journalists-basic-protection-takes-a-dip-report.672768Media
Media Pluralism Monitor 2021
Malta Today 06/03/2019 Editors Sound warning over future of the press
Malta Today 11/02/2022 From Vials to where…timeline of a privatisation gone wrong
Times of Malta 14/10/21 TVM’s counter current affairs
Citations:
Aquilina, K Information Freedom at last, Times of Malta 22/08/12
https://www.timesofmalta.com/articles/view/20180309/local/maltese-journalists-basic-protection-takes-a-dip-report.672768Media
Media Pluralism Monitor 2021
Malta Today 06/03/2019 Editors Sound warning over future of the press
Malta Today 11/02/2022 From Vials to where…timeline of a privatisation gone wrong
Times of Malta 14/10/21 TVM’s counter current affairs
Graph View
How inclusive and open are the major parties in their internal decision-making processes?
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The party allows all party members and supporters to participate in its decisions on the most important personnel and issues. Lists of candidates and agendas of issues are open.
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The party restricts decision-making to party members. In most cases, all party members have the opportunity to participate in decisions on the most important personnel and issues. Lists of candidates and issue agendas are rather open.
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The party restricts decision-making to party members. In most cases, a number of elected delegates participate in decisions on the most important personnel and issues. Lists of candidates and issue agendas are largely controlled by the party leadership.
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A number of party leaders participate in decisions on the most important personnel and issues. Lists of candidates and issue agendas are fully controlled and drafted by the party leadership.
Political parties are increasingly coming under pressure to consult beyond party membership. This shift has been driven by voter volatility, with voters less constrained by party loyalties. Rank and file views today are also made known through social media, and in most cases these are discussed and taken note of. However, most of this internal consultation takes place within the official organs of parties, such as the parliamentary group and the executive.
Recently, the Nationalist Party (PN) decided to open the second round of voting for the party’s leaders to its members. However, these members are only allowed to vote after party delegates have made an initial choice from among the contenders. The result has been the election of leaders who do not have the support of a number of the old stalwarts of the party. The Labor Party’s recent selection of a new leader took place through a vote that was open to all party members. The Labor Party has also altered its statute to ensure that the deputy leader can no longer be a member of parliament in order to allow the party to strengthen communication with its grassroots.
Citations:
https://www.maltatoday.com.mt/news/interview/111722/the_pns_rejuvenation_is_a_work_in_progress__michael_piccinino#.YbscEMoVxBc
https://www.maltatoday.com.mt/news/national/96011/analysis_the_pns_bitter_internal_battle_splitting_along_class_lines#.YbschsoVxBc
https://www.maltatoday.com.mt/news/national/112741/bernards_sisyphean_predicament_the_pn_leaders_predicament#.YbseFMoVxBchttps://www.maltatoday.com.mt/news/national/103776/daniel_micallef_confirmed_as_pl_deputy_leader_for_party_affairs#.YbsfxsoVxBc
Recently, the Nationalist Party (PN) decided to open the second round of voting for the party’s leaders to its members. However, these members are only allowed to vote after party delegates have made an initial choice from among the contenders. The result has been the election of leaders who do not have the support of a number of the old stalwarts of the party. The Labor Party’s recent selection of a new leader took place through a vote that was open to all party members. The Labor Party has also altered its statute to ensure that the deputy leader can no longer be a member of parliament in order to allow the party to strengthen communication with its grassroots.
Citations:
https://www.maltatoday.com.mt/news/interview/111722/the_pns_rejuvenation_is_a_work_in_progress__michael_piccinino#.YbscEMoVxBc
https://www.maltatoday.com.mt/news/national/96011/analysis_the_pns_bitter_internal_battle_splitting_along_class_lines#.YbschsoVxBc
https://www.maltatoday.com.mt/news/national/112741/bernards_sisyphean_predicament_the_pn_leaders_predicament#.YbseFMoVxBchttps://www.maltatoday.com.mt/news/national/103776/daniel_micallef_confirmed_as_pl_deputy_leader_for_party_affairs#.YbsfxsoVxBc
To what extent are economic interest associations (e.g., employers, industry, labor) capable of formulating relevant policies?
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Most interest associations are highly capable of formulating relevant policies.
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Many interest associations are highly capable of formulating relevant policies.
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Few interest associations are highly capable of formulating relevant policies.
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Most interest associations are not capable of formulating relevant policies.
Economic interest associations have structures capable of formulating relevant public policies. The greater resources commanded by economic interest associations enable them to employ highly qualified personnel and consult qualified academics according to the policy issue involved. The larger trade unions have their own research officers and can also draw on the expertise of the Center for Labor Studies (CLS) at the University of Malta which was established to facilitate the trade union sector. Trade unions also use existing studies or academic and specialist support. EU support funds and structures such as internship programs have strengthened non-economic interest associations, allowing them to produce detailed research in their area of expertise. Their strength was demonstrated during the pandemic and through close consultation with government.
Citations:
Thttps://www.maltatoday.com.mt/news/national/110982/business_aviation_groups_ask_maltese_government_to_reconsider_covid19_travel_measures#.YbsiXsqZOa4
https://webmail.gov.mt/password
https://www.maltatoday.com.mt/news/national/109254/covid19_government_launches_20_million_financial_package_and_tax_credits#.Ybsi98qZOa4
Citations:
Thttps://www.maltatoday.com.mt/news/national/110982/business_aviation_groups_ask_maltese_government_to_reconsider_covid19_travel_measures#.YbsiXsqZOa4
https://webmail.gov.mt/password
https://www.maltatoday.com.mt/news/national/109254/covid19_government_launches_20_million_financial_package_and_tax_credits#.Ybsi98qZOa4
To what extent are non-economic interest associations capable of formulating relevant policies?
10
9
9
Most interest associations are highly capable of formulating relevant policies.
8
7
6
7
6
Many interest associations are highly capable of formulating relevant policies.
5
4
3
4
3
Few interest associations are highly capable of formulating relevant policies.
2
1
1
Most interest associations are not capable of formulating relevant policies.
Malta has a large number of noneconomic interest associations. Though typically short on resources, they access external support through international membership or regional federations, which helps them, on occasion, to formulate extremely well-informed policy papers. EU funds and other structures (e.g., the internship programs) have also helped them improve their policy capacities. In the recent budget, the government earmarked financial support for NGOs. A number of NGOs have worked proactively in various policy areas, such as rent reform, transport reform, prison reform and constitutional reform. Few organizations employ full-time staff, but many have academics as part of their leadership structure, thereby utilizing their expertise. In some cases, organizations are able to attract research support on a voluntary basis from like-minded academics and other volunteers. Nonetheless, many of them still need to become proactive, rather than reactive to events or government proposals. Partisan NGOs at times muddy the waters. However, the majority of NGOs campaign on specific issues, with environmental groups being a classic case of dispassionate campaigning.
Citations:
https://www.maltatoday.com.mt/comment/blogs/112169/great_so_now_the_eu_is_responsible_for_daphnes_murder_too#.YbsloMqZOa4
https://www.maltatoday.com.mt/comment/blogs/110583/all_hail_the_new_colonialism#.YbsnfT67ako
Citations:
https://www.maltatoday.com.mt/comment/blogs/112169/great_so_now_the_eu_is_responsible_for_daphnes_murder_too#.YbsloMqZOa4
https://www.maltatoday.com.mt/comment/blogs/110583/all_hail_the_new_colonialism#.YbsnfT67ako
Graph View
Does there exist an independent and effective audit office?
10
9
9
There exists an effective and independent audit office.
8
7
6
7
6
There exists an effective and independent audit office, but its role is slightly limited.
5
4
3
4
3
There exists an independent audit office, but its role is considerably limited.
2
1
1
There does not exist an independent and effective audit office.
The National Audit Office is an independent institution reporting exclusively to parliament, and is charged with scrutinizing the fiscal performance of public administration. Both the auditor general and his or her deputy are appointed by a resolution of the House of Representatives, requires a majority vote of no less than two-thirds of the body’s members. The auditor general enjoys constitutional protection and works closely with the Public Accounts Committee. The NAO can open investigations without a prior request by parliament or the prime minister. The office audits all central government ministries, local governments and EU-funded projects, and publishes special reports on key and often sensitive policy areas. A 2019 report on constitutional reform by the Commissioner for Standards in Public Life recommended that the auditor general, as a designated officer of parliament, should not be additionally designated as a public officer, in order to emphasize his/her independence from the government. In 2020, the NAO proposed amendments to the constitution, which aim to strengthen the office. Among the articles recommended was Article 5a, “The Auditor General or any person authorized by him shall have the right to audit all the Ministries, departments and offices of the Government of Malta, including the Office of the President, the House of Representatives, and the Superior and Inferior Courts of Malta and (5)(d) The Auditor General or any person authorized by him shall have the right to obtain information from any recipients of public funds in relation to any audit being undertaken by the Office.”
Citations:
http://www.timesofmalta.com/articles/view/20160202/local/nao-stands-by-its-findings-in-gaffarena-scandal.600970
http://www.timesofmalta.com/articles/view/20160627/local/spend-more-on-primary-health-care-nao-urges-government.616991
http://www.timesofmalta.com/articles/view/20151110/local/NAO-finds-25-permits-issued-just-before-poll.591562
Report by the Auditor General on the public accounts 2016
Annual Report on the working of local government 2016
Performance audit: outpatient waiting at Mater Dei hospital
Ombudsman annual report 2016
https://www.timesofmalta.com/articles/view/20171215/opinion/Eventful-year-for-NAO-Charles-Deguara.665670
https://www.timesofmalta.com/articles/view/20171114/local/most-nao-recommendations-addressed.663116
https://www.timesofmalta.com/articles/view/20181008/local/audit-office-adopts-new-strategy-to-improve-governance.691098
https://www.independent.com.mt/articles/2018-11-28/local-news/Electrogas-NAO-flags-shortcomings-in-due-diligence-says-Gasol-departure-not-in-line-with-contracts-6736200040
https://nao.gov.mt/en/press-releases/4/1230/presentation-of-the-cooperative-audit-report
Commissioner for standards in public life; Toward Higher Standards in public life October 2019
National Audit Office (NAO) 2020 Proposed amendments to the Constitution: Strengthening of the National Audit Office’s Legal Framework
Citations:
http://www.timesofmalta.com/articles/view/20160202/local/nao-stands-by-its-findings-in-gaffarena-scandal.600970
http://www.timesofmalta.com/articles/view/20160627/local/spend-more-on-primary-health-care-nao-urges-government.616991
http://www.timesofmalta.com/articles/view/20151110/local/NAO-finds-25-permits-issued-just-before-poll.591562
Report by the Auditor General on the public accounts 2016
Annual Report on the working of local government 2016
Performance audit: outpatient waiting at Mater Dei hospital
Ombudsman annual report 2016
https://www.timesofmalta.com/articles/view/20171215/opinion/Eventful-year-for-NAO-Charles-Deguara.665670
https://www.timesofmalta.com/articles/view/20171114/local/most-nao-recommendations-addressed.663116
https://www.timesofmalta.com/articles/view/20181008/local/audit-office-adopts-new-strategy-to-improve-governance.691098
https://www.independent.com.mt/articles/2018-11-28/local-news/Electrogas-NAO-flags-shortcomings-in-due-diligence-says-Gasol-departure-not-in-line-with-contracts-6736200040
https://nao.gov.mt/en/press-releases/4/1230/presentation-of-the-cooperative-audit-report
Commissioner for standards in public life; Toward Higher Standards in public life October 2019
National Audit Office (NAO) 2020 Proposed amendments to the Constitution: Strengthening of the National Audit Office’s Legal Framework
Does there exist an independent and effective ombuds office?
10
9
9
There exists an effective and independent ombuds office.
8
7
6
7
6
There exists an effective and independent ombuds office, but its advocacy role is slightly limited.
5
4
3
4
3
There exists an independent ombuds office, but its advocacy role is considerably limited.
2
1
1
There does not exist an effective and independent ombuds office.
The ombudsman is elected by a two-thirds majority of the House of Representatives, and is held in high esteem by the public. A recent Venice Commission report stated that the institution was independent, autonomous and credible. The appointment of three commissioners (on the environment and planning, health and education) to investigate complaints as well as the office’s wide-ranging powers to initiate inquiries considerably increased its standing as a watchdog for good governance. A secondary function of the ombudsman is to act as a catalyst for improving public administration. The ombudsman has stated that in pursuing these initiatives he has generally found collaboration from ministries, government departments and public authorities and that there have even been cases where public authorities have sought his advice. The Ombudsman Office, however, is not empowered to deal with human-rights complaints and its recommendations are not binding. A recent clarification confirmed that the office has jurisdiction over complaints emanating from the armed forces of Malta. In his 2017 report, the ombudsman drew attention to the lack of jurisdiction his office has over privatized entities, particularly in the health and energy sectors, and the need for a remedy. He also drew attention to the problem of obtaining information from government on sensitive issues. In a recent report presented to parliament, the ombudsman reiterated the same issues, while complaining of the lack of respect accorded to office by the public administration. In his 2018 case notes presented to parliament, he also complained that parliament was failing to act on investigative reports handed over for remedial action. The ombudsman has further recommended that the office be granted a constitutional mandate and be accorded the same protection as that of the auditor general; that parliament be obliged to debate its reports; that a deputy ombudsman be appointed to strengthen the office; and that the remit of the office be extended, allowing it to investigate the public administration’s administrative actions, inactions, decisions and process. A start toward reform were the constitutional amendments introduced by Act XLII of 2020, which strengthened the independence and autonomy of the ombudsman by entrenching the method of appointment, removal and suspension of the ombudsman, his right to conduct investigations on his own initiative, and his right to access information and other essential functions. It has been alleged that some comments made by the ombudsman were seen as being politically charged. However, in the 2020 Ombudsman Annual Report, the president of Malta is quoted as stating that “no institution was more independent … and gave objective and fair and final opinions.”
Citations:
Aquilina, K. Strengthening the Ombudsman’s office. Times of Malta 14/08/12
On the Strengthening of the Ombudsman Institution: A Proposal by the Office of the Parliamentary Ombudsman January 2014 Ombudsman.org.mt
The Parliamentary Ombudsman The Independent 27/11/2016
Ombudsman against making hos own recommendations enforceable by law The Independent 04/01/2016
Parliamentary Ombudsman Annual Report 2016
Parliamentary Ombudsman Annual Report 2018
Ombudsman Case notes 2018 Edition 38
Ombudsman Plan 2020
Parliamentary Ombudsman Malta Annual Report 2020
Citations:
Aquilina, K. Strengthening the Ombudsman’s office. Times of Malta 14/08/12
On the Strengthening of the Ombudsman Institution: A Proposal by the Office of the Parliamentary Ombudsman January 2014 Ombudsman.org.mt
The Parliamentary Ombudsman The Independent 27/11/2016
Ombudsman against making hos own recommendations enforceable by law The Independent 04/01/2016
Parliamentary Ombudsman Annual Report 2016
Parliamentary Ombudsman Annual Report 2018
Ombudsman Case notes 2018 Edition 38
Ombudsman Plan 2020
Parliamentary Ombudsman Malta Annual Report 2020
Is there an independent authority in place that effectively holds government offices accountable for handling issues of data protection and privacy?
10
9
9
An independent and effective data protection authority exists.
8
7
6
7
6
An independent and effective data protection authority exists, but its role is slightly limited.
5
4
3
4
3
A data protection authority exists, but both its independence and effectiveness are strongly limited.
2
1
1
There is no effective and independent data protection office.
Malta has an information and data protection commissioner who is appointed by the prime minister in consultation with the leader of the opposition and who heads the country’s data protection authority, the IDPC, which is both effective and independent. As of March 2020, the IDPC is comprised of a total of 12 officers, including a commissioner, a deputy commissioner, a head compliance officer, the head of the legal unit, two legal counsels, one legal officer, an executive officer, a senior technical officer, a case officer, an administration and accounts officer, a projector administrator and two general-duty officers. The IDPC is not subject to the Public Administration Act.
The IDPC website provides information about the protection the office provides in various fields. It also provides assistance to citizens who believe their privacy has been invaded. Malta also abides by EU legislation and decisions by the Advocate General of the European Court in this area, and in May 2018 transposed the EU General Data Protection Regulation (GDPR) into law. Maltese courts can also be called upon to adjudicate complaints relating to data privacy infringements. A recent ruling by the Information and Data Protection Appeals Tribunal clarified that the data protection commissioner has the right to issue enforcement orders when a government ministry fails to issue certain information. In 2021, the office investigated 40 data-subject complaints, the largest share of which had to do with the unauthorized disclosure of personal information. The office also received 104 personal-data breach this year. The office can issue fines, reprimands and warnings. As part of its regulatory function, the office is also responsible for the enforcement of the freedom of information legislation.
A recent ministerial decree introduced the right to be forgotten. Since 2013, the decree has enabled 86 judgments to be anonymized or removed from the law courts public database. As a result, the decree has proven to be controversial, with several media organizations and lobby groups objecting to the rules.
Citations:
https://idpc.org.mt/en/Pages/Home.aspx
Data Commissioner has right to access contracts of government consultants – appeals tribunal
Economy Minister loses legal challenge. Times of Malta 29/01/19
DLA Piper GDPR data breach survey: February 2019
https://www.dlapiper.com/en/uk/insights/publications/2019/01/gdpr-data-breach-survey/
Information and Data Commissioner. Annual Report 2018
Inside Privacy 26/11/18 Right to be forgotten controversially introduced into Maltese law
Malta Today 07/12/21 Courts publish rights to be forgotten guidelines despite mounting opposition from press
The IDPC website provides information about the protection the office provides in various fields. It also provides assistance to citizens who believe their privacy has been invaded. Malta also abides by EU legislation and decisions by the Advocate General of the European Court in this area, and in May 2018 transposed the EU General Data Protection Regulation (GDPR) into law. Maltese courts can also be called upon to adjudicate complaints relating to data privacy infringements. A recent ruling by the Information and Data Protection Appeals Tribunal clarified that the data protection commissioner has the right to issue enforcement orders when a government ministry fails to issue certain information. In 2021, the office investigated 40 data-subject complaints, the largest share of which had to do with the unauthorized disclosure of personal information. The office also received 104 personal-data breach this year. The office can issue fines, reprimands and warnings. As part of its regulatory function, the office is also responsible for the enforcement of the freedom of information legislation.
A recent ministerial decree introduced the right to be forgotten. Since 2013, the decree has enabled 86 judgments to be anonymized or removed from the law courts public database. As a result, the decree has proven to be controversial, with several media organizations and lobby groups objecting to the rules.
Citations:
https://idpc.org.mt/en/Pages/Home.aspx
Data Commissioner has right to access contracts of government consultants – appeals tribunal
Economy Minister loses legal challenge. Times of Malta 29/01/19
DLA Piper GDPR data breach survey: February 2019
https://www.dlapiper.com/en/uk/insights/publications/2019/01/gdpr-data-breach-survey/
Information and Data Commissioner. Annual Report 2018
Inside Privacy 26/11/18 Right to be forgotten controversially introduced into Maltese law
Malta Today 07/12/21 Courts publish rights to be forgotten guidelines despite mounting opposition from press