Malta

   

Executive Capacity

#27
Key Findings
Despite growing core-government steering capabilities, Malta falls into the lower-middle ranks (rank 27) with regard to executive capacity. Its score on this measure has improved by 1.0 point relative to 2014.

Strategic-planning capacities have improved in recent years, with more experts supporting the process. Spurred by recent policy failures, the Prime Minister’s Office has expanded its coordination and monitoring of line ministries, in part through central control of permanent secretaries in the ministries. Coordination between the PMO and the ministries increased further during the pandemic.

RIAs are today compulsory, and are gaining in quality following strong training programs within the public service. The country is a leader in the area of government digitalization. NGOs regularly complain about a lack of consultation, especially for environmental matters.

The quality of implemented projects has improved, particularly in the area of road works. Funding for tasks assigned to the municipal level is often inadequate. The country faces substantial international pressure to update its regulatory and enforcement capabilities, particularly in the areas of financial crime and the environment.

Strategic Capacity

#24

How much influence do strategic planning units and bodies have on government decision-making?

10
 9

Strategic planning units and bodies take a long-term view of policy challenges and viable solutions, and they exercise strong influence on government decision-making.
 8
 7
 6


Strategic planning units and bodies take a long-term view of policy challenges and viable solutions. Their influence on government decision-making is systematic but limited in issue scope or depth of impact.
 5
 4
 3


Strategic planning units and bodies take a long-term view of policy challenges and viable solutions. Occasionally, they exert some influence on government decision-making.
 2
 1

In practice, there are no units and bodies taking a long-term view of policy challenges and viable solutions.
Strategic Planning
7
Each government ministry has a director and unit responsible for strategy and planning. In 2015, a new unit focused on information and the implementation of standards was introduced in the office of the prime minister to facilitate coordination between various stakeholders when implementing projects. These are strongest in the Ministry of Finance, the Malta Planning Authority, the Malta Transport Authority, the Ministry of Justice and Home Affairs, and the Education Ministry. The influence of strategic planning units over fiscal and education policy has increased. A Budget Implementation unit also monitors the implementation of policies with relevance to the budget. In 2020, the Malta Financial Services Authority (MFSA) and the Malta Police Force have been overhauled. A special cabinet committee was set up to review constitutional reform. However, the number of strategic planning commissions has mushroomed in recent years. The coronavirus pandemic has played an important part in this development. Overall Malta, was among the countries that handled the pandemic best, maintaining the economy, employment and health security. This success was due to many of the reforms previously carried in the public service.

Within ministries, the permanent secretary is responsible for developing strategy, including identifying key performance indicators, and determining timeline and budgets. Strategic plans normally run over three-, four- or five-year cycles and are often developed in the course of consultation with internal and external stakeholders. Internationally recognized benchmarking methodologies are used to track progress. Ministries increasingly employ consultants to produce reports on current policy issues, a practice that may be regarded as forward planning. The Management Efficiency Unit coordinates separate ministry plans and the Malta Information Technology Agency (MITA), which reviews government IT requirements, also assists. Usually when a policy is to be reformed or updated a strategic plan is released for consultation. It has been proposed that the annual government budget be instead shifted to a multi-year timeframe to ensure a greater degree of continuity and long-term planning. However, the performance audit by the Audit Office regarding the Vitals global healthcare deal clearly indicates the absence of strategic planning units in government decision-making. The audit states, “The NAO was unable to audit the process of negotiations held between government and the VGH as information made available was severely limited. As a result, it was not possible for this Office to understand how key changes to the concession came about, the precise role played by those involved in negotiations and whether critical changes were appropriately endorsed.” The audit further states, “Records of meetings held by the Steering Committee were provided to the NAO, facilitating this Office’s visibility over the strategic management of the project. However, of note to this Office were the concerns expressed by the PS Ministry for Health (MFH) (referred to as the PS MEH-Health in the preceding paragraph) regarding his involvement with the Steering Committee. Although minutes retained indicated his attendance at a few meetings, the PS MFH asserted otherwise, claiming that he was only invited once, expressed reservations regarding the project that were not captured in the minutes and was subsequently not invited to any other Steering Committee meeting.”

Citations:
http://www.timesofmalta.com/articles/view/20150823/local/malta-keeps-a-rating-deficit-is-down-economy-stronger.581555
http://www.timesofmalta.com/articles/view/20151002/local/dbrs-confirs-maltas-long-term-rating-at-a-stable.586719
http://www.timesofmalta.com/articles/view/20151004/business-news/ey-predicts-malta-gdp-growth-of-39-in-2015-29-in-2016.586905
http://www.politico.eu/article/maltas-eu-presidency-how-did-it-go/
https://www.timesofmalta.com/articles/view/20170701/local/eu-presidency-a-fantastic-experience-has-come-to-an-end-pm.652048
Caleja Ragonesi I., Maltese Presidency aims to make the ordinary extraordinary. Europe’s Word January 2017
Strategic Plan 2017-2020 Academy for disciplined forces Malta
Mobile Government Strategy 2017-2018ffddddf
Ufficcju tal – prim Ministru, Rapport Annwali 2020
https://www.timesofmalta.com/articles/view/20181017/local/79-of-budget-2018-measures-were-fulfilled.691830
https://www.maltatoday.com.mt/news/national/110533/85_satisfied_with_maltas_handling_of_pandemic_eu_survey#.Ybx92mmZPUw
Dec 2021 – An audit of matters relating to the concession awarded to Vitals Global Healthcare by Government Part 2 | A review of the contractual framework – download abridged – download

Does the government regularly take into account advice from non-governmental experts during decision-making?

10
 9

In almost all cases, the government transparently consults with non-governmental experts in the early stages of government decision-making.
 8
 7
 6


For major political projects, the government transparently consults with non-governmental experts in the early stages of government decision-making.
 5
 4
 3


In some cases, the government transparently consults with non-governmental experts in the early stages of government decision-making.
 2
 1

The government does not consult with non-governmental experts, or existing consultations lack transparency entirely and/or are exclusively pro forma.
Expert Advice
5
Consultation processes involving academic experts has always been rather intermittent, but since 2013, such experts have been involved in a greater number of areas including family issues, gay rights, care of the elderly, health issues such as diabetes, IT in schools and others. With the exception of standing parliamentary committees, which regularly consult with academic experts, the government tends to consult with outside experts in an issue-based and ad hoc manner. Academic input is at the line ministry level. Policy issues have at times been the focus of studies directly commissioned from faculties, institutes and other bodies. Information required by the government may also be contracted out on an individual basis. In recent years, EU funds have been sourced to conduct research and consultation processes on a greater scale.

In addition, the process of developing important strategic plans and policies is being opened to consultation by stakeholders, including NGOs and the general public. Web-based consultation processes have become more refined, and calls for consultation more frequent. Nonetheless, gaps in the consultation process remain. In some policy areas, consultation remains sketchy or minimal, while in others, policy areas stakeholders are brought in only at a late stage. Occasionally, experts selected for the consultation process are accused of having conflicts of interest. One such example is the attempt in 2021 to update legislation with regard to prostitution. Different expert views and government input on whether and how the sector should be decriminalized resulted in the policy area becoming so contentious that reform was put on the back burner.

Citations:
http://www.timesofmalta.com/articles/view/20160908/local/gozo-ministry-ordered-to-publish-consultancy-deals.624367
http://www.timesofmalta.com/articles/view/20160818/local/chamber-of-pharmacists-not-consulted-on-move-to-electronic.622392
http://www.timesofmalta.com/articles/view/20161007/local/delimara-power-station-ippc-application-to-get-public-consultation.627239
http://www.timesofmalta.com/articles/view/20160816/local/era-chairman-denies-conflict-of-interest-in-townsquare-application.622170
PA Chief insists Paceville consultants had no conflict of interest Malta Today 02/11/16
Paceville Master plan:Mott Macdonald should refund payment aftet alleged conflict of interest Independent 23/11/16
https://www.timesofmalta.com/articles/view/20181002/local/white-paper-on-valletta-monti-stalls-to-be-published-shortly.690602
https://www.maltatoday.com.mt/news/national/90252/watch_local_government_white_paper_proposes_more_responsibilities_for_regional_committees#.W9MPkXszaM9
https://www.maltatoday.com.mt/news/national/90157/rent_reform_will_not_fix_prices_targets_stability_through_longer_leases#.W9MQJ3szaM8
https://www.maltatoday.com.mt/news/national/95731/proposed_amendments_to_building_regulations_published_for_public_consultation_#.XZxwO2AzbIU
https://www.pa.org.mt/consultation
Malta Today 18/09/2020 Sex workers with agency must be part of prostitution reform
Malta Today 16/03/2021 Malta prostitution reform gains support of European sex workers union

Interministerial Coordination

#31

Does the government office / prime minister’s office (GO / PMO) have the expertise to evaluate ministerial draft bills according to the government’s priorities?

10
 9

The GO / PMO provides regular, independent evaluations of draft bills for the cabinet / prime minister. These assessments are guided exclusively by the government’s priorities.
 8
 7
 6


The GO / PMO evaluates most draft bills according to the government’s priorities.
 5
 4
 3


The GO / PMO can rely on some sectoral policy expertise but does not evaluate draft bills.
 2
 1

The GO / PMO does not have any sectoral policy expertise. Its role is limited to collecting, registering and circulating documents submitted for cabinet meetings.
GO Expertise
5
Government ministries in Malta traditionally enjoy almost complete autonomy in several areas of policy. The government office was primarily tasked with overseeing budgetary matters. Consequently, the fallout for governments from policy failures has been significant. The present government initially faced the same problems, but in recent years has worked to bring policy under greater central control. However, as the hospital privatizations demonstrate, this has not been very successfully. Today the Prime Minister’s Office (PMO) enjoys greater control mainly through the cabinet, and through the central control of permanent secretaries in ministries. As early as March 2013, the government appointed a minister as part of the PMO to oversee implementation of the government’s manifesto and more recently introduced a specific strategy to implement the government’s program. This strategy operates on a three-year planning cycle in conjunction with the budgetary cycle implementation program. Ministries have full responsibility for the policy, and draw up action plans that are monitored on a monthly basis by the PMO. Areas of concern are flagged and brought to the attention of the public service and cabinet. More resources are being put into building the capacity of the public service through a centrally controlled Institute for Public Service (IPS), which coordinates training at all levels. The PMO has recently demonstrated an improved ability to respond to policy implementation failures. For example, during the period under review, the PMO heightened its overview of ministries to make up for a number of policy failures that occurred during the previous legislature, although certain ministries still make occasional efforts to evade oversight.

Citations:
Sansone, K Justice to be transferred to OPM – Labor MP is Commissioner Against Bureaucracy Times of Malta 18/06/13
http://www.timesofmalta.com/articles/view/20151029/local/over-32m-in-government-consultancies-in-one-year.590017

To what extent do line ministries involve the government office/prime minister’s office in the preparation of policy proposals?

10
 9

There are inter-related capacities for coordination between GO/PMO and line ministries.
 8
 7
 6


The GO/PMO is regularly briefed on new developments affecting the preparation of policy proposals.
 5
 4
 3


Consultation is rather formal and focuses on technical and drafting issues.
 2
 1

Consultation occurs only after proposals are fully drafted as laws.
Line Ministries
5
Since 2013, a sustained effort at coordination has been made in the Prime Minister’s Office (PMO) and in line ministries. During the period under review, the government established an office within the PMO to coordinate the policies contained in the ruling party’s electoral manifesto. In a new review strategy, ministries monitor the outputs of policies previously discussed with the cabinet. The OPM then monitors policies until they are implemented and supports the ministries in their implementation. Coordination meetings are also organized by the OPM bringing together the various ministries. Decisions taken by ministries have more than once been rescinded by the PMO, a practice less common in the past. The PMO may also seek to review its policies with the help of the Management Efficiency Unit and occasionally employs consultants. In several areas, it is forced to seek legal advice from the Attorney General’s Office. Cabinet meetings have allowed experts to give direct advice to ministers, a departure from the past. From time to time, cabinet meetings are held in different regions for the purpose of consultations. However, coordinated consultation has become more focused through weekly meetings of permanent secretaries under the direction of the head of the public service. Specialist ad hoc committees and interministerial cabinet committees are set up to facilitate coordination between the PMO and ministries. During the pandemic, coordination between the PMO and the ministries increased.

Citations:
http://www.maltatoday.com.mt/news/national/33324/prime-minister-holding-cabinet-meeting-in-mellieha-20140121#.V_uQfvl96M8
http://www.maltatoday.com.mt/news/national/48377/cabinet_meeting_in_gozo_cost_taxpayers_7000#.V_uQpfl96M8
http://www.timesofmalta.com/articles/view/20160223/local/cabinet-meeting-in-birzebbuga.603449
https://www.independent.com.mt/articles/2019-10-07/local-news/74-of-the-2019-budget-has-been-implemented-government-exercise-shows-6736214453

How effectively do ministerial or cabinet committees coordinate cabinet proposals?

10
 9

The vast majority of cabinet proposals are reviewed and coordinated first by committees.
 8
 7
 6


Most cabinet proposals are reviewed and coordinated by committees, in particular proposals of political or strategic importance.
 5
 4
 3


There is little review or coordination of cabinet proposals by committees.
 2
 1

There is no review or coordination of cabinet proposals by committees. Or: There is no ministerial or cabinet committee.
Cabinet Committees
6
Malta’s EU presidency helped to strengthen and refine Malta’s cabinet and ministerial committees. Since the 2017 election, greater stress has been placed on such committees, which report to the cabinet. Most of these committees remain focused on issues that cut across ministerial portfolios, but some ad hoc committees are more focused on single ministerial policies. The new prime minster, who took office in 2020, has advocated for the use of special committees, and immediately set up a special cabinet committee for constitutional reform. In October 2020, the government set up a Cabinet Committee on Governance to implement all the recommendations on good governance and rule of law which have been submitted by the Venice Commission, GRECO and MONEYVAL. Another committee was tasked with exploring the decriminalization of personal cannabis use.

Citations:
Harwood Mark, Malta in the European Union 2014 Ashgate, Surrey
https://www.pressreader.com/

How effectively do ministry officials/civil servants coordinate policy proposals?

10
 9

Most policy proposals are effectively coordinated by ministry officials/civil servants.
 8
 7
 6


Many policy proposals are effectively coordinated by ministry officials/civil servants.
 5
 4
 3


There is some coordination of policy proposals by ministry officials/civil servants.
 2
 1

There is no or hardly any coordination of policy proposals by ministry officials/civil servants.
Ministerial Bureaucracy
6
The public service has been at the heart of recent efforts to enhance collaboration at all levels, within ministries and across ministries. The government office (GO) has gone to great lengths to enhance ministries’ personnel capacities for this purpose. This is done through focused training and targeted recruitment efforts. In nearly all cases, it is now compulsory for top senior managers to hold post-graduate degrees, and existing personnel are offered bursaries and time off to pursue such qualifications.

In 2017, the first 12 key performance indicators (KPIs) for the public service were put into place. This is a new concept for Malta’s public service, and is designed to establish clear objectives that need to be attained within a specific time-frame. A “mystery shopper” for government departments was also introduced, with the aim of identifying shortcomings in service delivery and allowing such situations to be remedied. A recent study has demonstrated the impact on policy coordination resulting from these reforms. The 2020 study by the Audit Office on Government Implementation of the SDGs states that “the governance structure for poverty is appropriately designed, functions in an efficient and effective manner, and has addressed most of the strategic actions set. This governance structure takes the form of an interministerial committee, which is responsible for the implementation of the National Strategic Policy for Poverty Reduction and Social Inclusion 2014–2024. The Committee is chaired by the Ministry for the Family, Children’s Rights and Social Solidarity, and includes the ministries responsible for education, employment, culture, health.” However, the report recommends that outside experts should be included.

Citations:
https://www.pressreader.com/
https://education.gov.mt/en/education/myScholarship/Documents/OPM%20Circular%2019_2016%20%20%20BA%20Work%20and%20HR.pdf
http://www.grtu.org.mt/index.php/publications-resources/publication-after-2010/publications-in-2013/2849-Tackling_bureaucracy
Dec 2020 – A review of implementation of Sustainable Development Goal 1 – Malta’s efforts at alleviating poverty – download

How effectively do informal coordination mechanisms complement formal mechanisms of interministerial coordination?

10
 9

Informal coordination mechanisms generally support formal mechanisms of interministerial coordination.
 8
 7
 6


In most cases, informal coordination mechanisms support formal mechanisms of interministerial coordination.
 5
 4
 3


In some cases, informal coordination mechanisms support formal mechanisms of interministerial coordination.
 2
 1

Informal coordination mechanisms tend to undermine rather than complement formal mechanisms of interministerial coordination.
Informal Coordination
7
The government tendency toward informal coordination mechanisms has increased since Malta joined the European Union in 2004. Many directives from Brussels cut across departments and ministries, and ministries have to talk to and work more closely together. Preparations for the EU presidency in January 2017 and the actions taken during the presidency itself raised this informal coordination to unprecedented levels. Government longevity has also helped to strengthen this informal consultation process. As senior managers remain in their place, they build networks which they can employ informally. This also applies at ministerial levels. Informal consultation also takes place within party structures, since these are seen as a link to the grassroots level.

How extensively and effectively are digital technologies used to support interministerial coordination (in policy development and monitoring)?

10
 9

The government uses digital technologies extensively and effectively to support interministerial coordination.
 8
 7
 6


The government uses digital technologies in most cases and somewhat effectively to support interministerial coordination.
 5
 4
 3


The government uses digital technologies to a lesser degree and with limited effects to support interministerial coordination.
 2
 1

The government makes no substantial use of digital technologies to support interministerial coordination.
Digitalization for Interministerial C.
7
The use of digital technologies in Malta has now become widespread both to support interministerial coordination and for client use. The government is determined to make full use of digital technologies, including blockchain. A total of €40 million have been earmarked for the digitalization of public services over the next five years. Individual government ministries can access policies by other ministries that may touch on their own policy formulation, as well as any policies that come from the cabinet.
Each government ministry has its own information management unit (IMU), The IMU’s primary role is to ensure that the information technology used is aligned with the ministry’s strategic priorities. IMUs are also involved in applying government-wide policies, standards and protocols aimed at ensuring that IT systems are mutually compatible and secure, and that staff members understand and adhere to government policies and procedures.
All CIOs are a part of a CIO Forum chaired by the permanent secretary (strategy and implementation) within the Prime Minister’s Office. Various topics and issues are discussed during the monthly meetings. However, the CIO Forum also serves as a venue in which ideas and projects can be shared across ministries. This serves as a platform for CIOs to unite their efforts toward achieving a digitalized public administration.
In 2017, a total of 21 mobile apps for government services were launched. Moreover, the servizz.gov.mt website went live, offering access to about 800 services and the associated forms. The public service.gov.mt website was also launched to disseminate information and news about the country’s public services. The 2019 Ombudsman report focused on efforts to upgrade this technology in such a way as to facilitate the monitoring of ministries. The 2021 audit report on IT assets recommended improving the integration of IT systems across ministries, ceasing the duplication of data, producing more detailed inventories of the location of IT assets (since work from home had increased) and making better use of the application of best practices. The report concludes, “The work being done by the IMUs, to assess future needs and optimize the utilization of IT assets was not being carried out at department level. … once there is a single integrated asset management system in place for all the ministries and departments, the task force can then assess how this data can: assist in the optimization of daily action and operations.” Malta’s reputation as a front-runner in this field within the European Union was acknowledged by the European Commission in its most recent Digital Economy and Society Index (DESI), which stated that Malta has already fulfilled the 2025 gigabit society objectives.

Citations:
https://www.timesofmalta.com/articles/view/20161003/local/malta-ranks-first-in-europe-for-egovernment-services.626864
https://www.timesofmalta.com/articles/view/20171210/business-news/Microsoft-highlights-Malta-s-eGovernment-as-a-case-study.665311
https://www.timesofmalta.com/articles/view/20171106/local/e-government-service-platform-wins-international-award.662430
https://timesofmalta.com/articles/view/public-services-to-be-digitized-over-the-next-few-years.714394
https://www.independent.com.mt/articles/2019-06-17/local-news/40-million-investment-for-digital-transformation-of-the-public-administration-6736209668
https://publicservice.gov.mt/en/Documents/MappingTomorrow_StrategicPlan2019.pdf
https://mita.gov.mt/en/ict-features/Pages/2017/Malta-reconfirmed-as-European-leader-in-the-provision-of-digital-public-services.aspx
https://economy.gov.mt/en/ministry/The-Parliamentary-Secretary/Pages/Malta-Digital-Economy-Vision.aspx
https://www.maltatoday.com.mt/business/tech/107446/watch_government_set_to_ensure_malta_remains_industry_leader_as_it_embraces_digital_innovation#.Yb7fwFV9VzE
https://www.maltatoday.com.mt/business/business_news/89580/revolut_boss_convinced_malta_ready_to_ditch_cash#.Yb7gYlUpylA
https://timesofmalta.com/articles/view/new-consumer-rights-for-digital-content-and-service-purchases-odette.921772
Nov 2021- IT Audit: IT Asset Management across Government Ministries and Departments – download

Evidence-based Instruments

#21

To what extent does the government assess the potential impacts of existing and prepared legal acts (regulatory impact assessments, RIA)?

10
 9

RIA are applied to all new regulations and to existing regulations which are characterized by complex impact paths. RIA methodology is guided by common minimum standards.
 8
 7
 6


RIA are applied systematically to most new regulations. RIA methodology is guided by common minimum standards.
 5
 4
 3


RIA are applied in some cases. There is no common RIA methodology guaranteeing common minimum standards.
 2
 1

RIA are not applied or do not exist.
RIA Application
6
Initial progress in this area was slow, but various reforms have sped up reforms. The government has continued to conduct several ad hoc reviews of existing laws and regulations in specific areas aimed at reducing administrative burdens. It now has a structure in place, which has been slowly built over the last four years. The process is now more systematic. Within the existing framework, the cabinet is required to approve regulatory impact assessments (RIAs) for government notices, regulations and by-laws (i.e., subordinate regulations). The OECD 2019 publication on regulatory practices states that Malta lacks a systematic approach toward reviewing whether laws and regulations achieve their intended policy goals. Accessibility to the process has been improved through the introduction of an online portal. However, it concludes that there is a need to engage in more consultation when introducing primary legislation. This process is detailed in the Small Business Act, Chapter 512 in Maltese law. Recent reports from the European Union have continued to confirm steady progress. To ensure that reviews contain sufficient detail, the International Accreditation Forum (IAF) process was introduced. Each ministry has now drawn up its review structure according to these standards. More trained staff have been employed and the general improvements made in the capacity of the public service are now producing results. However, the Office of the Attorney General, which also has a legislative unit, continues to present a final review when legal issues are under consideration. The institutions involved in the process include the Parliamentary Office for Reforms, Citizenship and Simplification of Administrative Processes, the Office of the Principle Permanent Secretary, the Cabinet Office, the Ministry for European Affairs and Equality (though this has now been dissolved and European affairs has been merged with foreign affairs, it is uncertain if the competence has been taken over by the latter ministry), and the Ministry for Justice, Culture and Local Government.

Citations:
OECD (2007), “Regulatory Management Capacities of Member States of the EU that Joined the Union on 1 May
2004: Sustaining Regulatory Management Improvements through a Better Regulation Policy,” Sigma Papers, No. 42, OECD Publishing. https://www.mepa.org.mt/permitting-ea-eiaprocess
Ope rational Program II ‘Empowering People for More Jobs and a Better Quality of Life,’ July 2012, p.28
http://www.bru.gov.mt/wp-content/uploads/2011/01/ESF-4-87-Laun ch-Speech-by-Mr-J-Aquilina.pdf
http://www.bru.gov.mt/administrative-b urdens/
http://gov.mt/en/Government/Gov ernment%20of%20Malta/Ministries%20a nd%20Entities/Pages/OPM-Portfolio.a spx
Indicators of Regulator Policy and Governance EUROPE 2019 Malta
http://www.oecd.org/gov/regulatory-policy/indicators-of-regulatory-policy-and-governance-2019-malta.pdf
https://maltabusinessweekly.com/72-of-the-population-satisfied-with-the-public-service-eurobaromePublic Service F. F. Bezzina and V Marmara, (2021) Reforms in a Small Island State: The Case of Malta, Springer Publishing UK.
OECD Better regulatory practices across the European Union 2019

Does the RIA process ensure participation, transparency and quality evaluation?

10
 9

RIA analyses consistently involve stakeholders by means of consultation or collaboration, results are transparently communicated to the public and assessments are effectively evaluated by an independent body on a regular basis.
 8
 7
 6


The RIA process displays deficiencies with regard to one of the three objectives.
 5
 4
 3


The RIA process displays deficiencies with regard to two of the three objectives.
 2
 1

RIA analyses do not exist or the RIA process fails to achieve any of the three objectives of process quality.
Quality of RIA Process
5
Malta’s policy on regulatory impact assessments (RIA) is taking bold steps forward. Stakeholder engagement is not required by law when defining a negotiating position for EU directives/regulations, but is required when transposing EU directives. Stakeholder engagement is currently required for all subordinate regulations as part of the RIA process, as well as for some primary laws in selected policy areas. Recent better-regulation initiatives have been targeted at improving the accessibility of the regulatory process, for example through the introduction of a central portal for online consultations. Each online consultation is accompanied by a feedback report that summarizes the views of participants and provides feedback on the comments received. COVID-19 has placed consultation with stakeholders center stage. While consultation remains superficial in some areas, a more sophisticated reaction from the public has led to more robust consultation with stakeholders. The 2019 OECD report on regulatory practices in the European Union states that there is a need to engage in more consultation when introducing primary legislation specifically in the early stage before a referred regulatory decision has been identified. In small states such as Malta, truly “independent” bodies are generally absent or rare. Fortunately, several civil society groups have become more proactive and now come forward with proposals of their own rather than (as in the past) being merely reactive.

Consultation activities have been codified to support environmental impact assessments. Guidelines initially allowed for an open, transparent and inclusive consultation process. However, in April 2016, the Planning Authority was separated from the Environmental Authority, a reform that may have confused this process. Critics have also charged that consultation sometimes involves only selected interest groups. Overall, because of the extensive developments taking place in Malta, this area requires serious study. In 2018, stakeholder engagement in the process of developing regulations was on par with the OECD average. In 2020, the government launched a €450,000 project to improve the Environmental Resource Authority’s regulatory process. A recent study by Bezzina and Marmara found a clear improvement in the RIA process.

Citations:
http://www.mcesd.org.mt/mcesd/conte nt.aspx?id=101553
OECD (2007), “Regulatory Management Capacities of Member States of the EU that Joined the Union on 1 May
2004: Sustaining Regulatory Management Improvements through a Better Regulation Policy,” Sigma Papers, No. 42, OECD Publishing.
https://gov.mt/en/Go vernment/Public%20Consultations/Pag es/Public-Consultations.aspx
Hospital development impact assessment waiver may breach EU law Times of Malta 26/08/2015
http://www.timesofmalta.com/articles/view/20150430/local/mepa-is-seeking-views-of-public-on-stadium.566146
http://www.timesofmalta.com/articles/view/20150511/local/mepa-issues-consultation-document-on-selmun-palace-hotel.567744
http://www.timesofmalta.com/articles/view/20160404/local/mepa-becomes-the-planning-authority-once-more.607804
More development to be included in planning process, Times of Malta 19/04/2016
A Master Plan in Reverse Times of Malta 10/10/2016
Malta Independent 04/02/20 450,000 euro project launched to strengthen ERA regulatory process

Does the government conduct effective sustainability checks within the framework of RIA?

10
 9

Sustainability checks are an integral part of every RIA; they draw on an exhaustive set of indicators (including social, economic, and environmental aspects of sustainability) and track impacts from the short- to long-term.
 8
 7
 6


Sustainability checks lack one of the three criteria.
 5
 4
 3


Sustainability checks lack two of the three criteria.
 2
 1

Sustainability checks do not exist or lack all three criteria.
Sustainability Check
4
Regulatory impact assessments are a compulsory regulatory tool in Malta but were below effective levels. Strong training programs within the public service has raised the effectiveness of this regulatory process. European Commission reports highlight this progress. In the past, subsidies for public transport programs were increased and this was greatly extended in the 2022 budget, which promised free public transport by October 2022. Furthermore, the efficiency of the power-generation sector has been improved, which is of the cleaner type and current plans include moving Malta on to the European gas pipeline grid, while water management has also been greatly improved. Meanwhile, a more holistic approach has been adopted to ICT tools that ensure greater coordination, and that policies and programs are better assessed for sustainability. Other areas are use of ICT in schools and greater use of digital platforms. Until recently, sustainability checks were common mostly in areas involving planning and the environment; however, these have now successfully been extended to the economic sphere, as EU and credit-rating reports indicate. However, strong questions need to be asked about the lack of progress in areas touching on planning.
In sum, assessments are not based on an exhaustive set of social, economic and environmental indicators. Some projects are, but most are not. Malta’s small size always brings into debate what should be prioritized, with the economy more often than not taking precedence. This can be attributed to the need to maintain a standard of living based on free education, free healthcare and sustainable pensions.

Citations:
http://ec.europa.eu/europe2020/maki ng-it-happen/index_en.htm
European Commission Country Report 2021.
Annual Report by the office of the Prime Minister 2020.

To what extent do government ministries regularly evaluate the effectiveness and/or efficiency of public policies and use results of evaluations for the revision of existing policies or development of new policies?

10
 9

Ex post evaluations are carried out for all significant policies and are generally used for the revision of existing policies or the development of new policies.
 8
 7
 6


Ex post evaluations are carried out for most significant policies and are used for the revision of existing policies or the development of new policies.
 5
 4
 3


Ex post evaluations are rarely carried out for significant policies and are rarely used for the revision of existing policies or the development of new policies.
 2
 1

Ex post evaluations are generally not carried out and do not play any relevant role for the revision of existing policies or the development of new policies.
Quality of Ex Post Evaluation
6
In recent years, ex post evaluations have been carried out for most significant policies. Various tools are used, and supported by enhanced digital processes. Improvements in ministerial coordination have also contributed to this development, along with ongoing review by the Office of the Principal Permanent Secretary. A “mystery shopper” for government departments was introduced in 2017, tasked with identifying shortcomings in service delivery so that they could be remedied accordingly. The National Audit Office performs audits to determine whether government entities have adequate systems of internal controls in place, with follow-up audits conducted to determine whether identified weaknesses have been dealt with. In 2021, NAO notes that “in the case of the audits included in this Report, 66% of our recommendations were either fully implemented or very significant progress was made thereon. 25% of the recommendations were partly implemented. Thus, a total of 91% of our recommendations were implemented to varying degrees. On the other hand, 9% of the recommendations were not implemented or little progress was made.” These audits are based on international standards. Progress has been made since the 2019 OECD report on regulatory policy and governance, which indicated that Malta was well below the OECD average in terms of the ex post evaluation of regulations. But Malta still lacks an entity that can take legal or regulatory action against consultants who present flawed reports, or who mislead the Environment and Resources Authority or Planning Authority.

Citations:
Follow Up Reports by the National Audit Office 2018 http://nao.gov.mt/en/recent-publications
Malta Today 03/07/2018 Environment Impact Assessments still unregulated after 20 years
https://nao.gov.mt/en/press-releases/4/1260/follow-up-reports-by-nao-2020-vol-2

Societal Consultation

#20

Does the government consult with societal actors in a fair and pluralistic manner?

10
 9

The government always consults with societal actors in a fair and pluralistic manner.
 8
 7
 6


The government in most cases consults with societal actors in a fair and pluralistic manner.
 5
 4
 3


The government does consult with societal actors, but mostly in an unfair and clientelistic manner.
 2
 1

The government rarely consults with any societal actors.
Public Consultation
6
The government has an obligation to consult with the public. In addition, a ministry for dialogue has been established. New policies and legislation must be published for consultation. A formal consultative structure, called the Malta Council for Economic and Social Development, works well in facilitating consultation between business associations, trade unions and government. The government has also setup a separate Council for Economic and Social Development for Gozo and a consultative council for the South of Malta. NGOs concerned with social policy tend to be regularly consulted. However, environmental NGOs are rarely integrated and frequently ignored in the policymaking process. The Planning Authority has its own consultation processes, but the views of non-governmental actors are taken into account to only a very questionable extent. Overall, Malta has seen a substantial increase in the number of policy areas open for public consultation. Malta today has a proliferation of NGOs, and increased consultation has created wider scope for them to act. However, greater progress could be achieved if NGOs were to become more professional and officialdom less sensitive to feedback, although this has become less so in the last two years with a number of significant U-turns on policy. Nevertheless, the number of consultation processes has multiplied as the government has become more conscious of the need to bring NGOs and the public into the policy-development process. The government has also facilitated the process by engaging in online consultations and creating multiple portals. NGOs regularly protest and complain about the lack of consultation, notably on environmental issues. In 2022, media organizations protested about the lack of transparent consultation on the Daphne Caruana Galizia inquiry follow up. However, the government has appointed a board of media experts to discuss reform following the inquiry. The dialogue process would be facilitated with civil society participation in an RIA arrangement for primary legislation and included at an early stage of the reform.

Citations:
http://www.timesofmalta.com/articles/view/20151005/local/second-public-consultation-on-regulation-of-drones.587085
http://www.timesofmalta.com/articles/view/20150909/local/policy-launched-to-facilitate-use-of-tables-and-chairs-in-public.583770
http://www.timesofmalta.com/articles/view/20150910/local/energy-rules-consultation.583796
http://www.timesofmalta.com/articles/view/20151028/local/consultation-document-on-language-policy-for-early-years-launched.589986
http://www.timesofmalta.com/articles/view/20150918/local/consultation-document-on-free-access-to-bills-published.584900
https://meae.gov.mt/en/Public_Consultations/Pages/Home.aspx
https://www.transport.gov.mt/strategies/public-consultations-2236
https://mtip.gov.mt/en/Pages/Public%20Consultations/Public-Consultations.aspx
https://family.gov.mt/en/public-consultation-online/Pages/default.aspx
http://www.timesofmalta.com/articles/view/20151010/business-news/Final-consultation-on-green-economy.587604
http://www.timesofmalta.com/articles/view/20150829/local/white-paper-on-schools-role-in-alleviating-traffic-congestion-launched.582378
http://www.timesofmalta.com/articles/view/20150915/local/white-paper-to-reduce-inspections-bureaucracy-launched.584533
http://www.timesofmalta.com/articles/view/20160203/local/green-ngos-have-open-invitation.601085
http://www.timesofmalta.com/articles/view/20160114/local/700000-scheme-for-ngos-launched.598666
http://www.maltatoday.com.mt/news/national/69495/green_ngos_to_get_collective_50000_in_government_funds#.We2bzVuCyM8
http://www.maltatoday.com.mt/lifestyle/health/69774/watch_conference_highlights_ngos_contribution_in_health_sector#.We2cCluCyM8
http://www.maltatoday.com.mt/news/national/64883/social_dialogue_minister_stresses_role_of_ngos_in_outreach_programmes#.We2ciluCyM8
Malta Today 02/01/20 How Civil Society Rocked the establishment in 2019
https://www.maltatoday.com.mt/news/national/30293/five-mepa-public-consultations-close-today-20130930#.YbydLDGdP0k
https://www.maltatoday.com.mt/news/national/86291/maltasicily_gas_pipeline_public_hearing_sessions_draw_to_a_close_#.YbydXzEVE7Q
https://www.maltatoday.com.mt/news/national/105802/new_zoo_regulations_are_out_for_public_consultation_at_last#.YbydeTFJMxA
Malta Today 08/06/21 Everyone but the government it seems is finally waking up to the development problem
Shift News 17/06/21 Malta ignores OGP letter, signals lack of attention to transparency and accountability issues NGOs
Times of Malta 14/01/2022 NGOs concerned at lack of transparent consultation on Daphne inquiry follow up

Policy Communication

#11

To what extent does the government achieve coherent communication?

10
 9

Ministries are highly successful in aligning their communication with government strategy.
 8
 7
 6


Ministries most of the time are highly successful in aligning their communication with government strategy.
 5
 4
 3


Ministries occasionally issue public statements that contradict the public communication of other ministries or the government strategy.
 2
 1

Strategic communication planning does not exist; individual ministry statements regularly contradict each other. Messages are often not factually consistent with the government’s strategy.
Coherent Communication
7
The Labor Party, now in government since 2013, has been credited with strong communication strategies under the present leadership, particularly during election campaigns. Once in government it initially adopted normal channels, including the Department of Information, which is the state’s primary communication channel, as well as individual ministerial communication channels. However, the run-up to the 2017 EU presidency helped refine the party refine its communication strategy and tools, and it today has a broad strategy which includes an e-government service. Ministers give daily briefings when launching policies and projects. These are normally associated with campaigns that include social media. Overall, this strategy seems to be working well, with the government enjoying unprecedented levels of trust compared to the EU average, though trust ratings dipped slightly in 2019 – to 58% compared to 63% in 2018.

Citations:
How the Maltese government spend over 2.5 million in social media ads. Malta Today 07/11/17
Times of Malta 06/11/18 MFSA spends €210,000 for communications advice
https://timesofmalta.com/articles/view/trust-in-malta-government-is-highest-in-the-eu-survey.697362
https://www.independent.com.mt/articles/2019-08-06/local-news/Eurobarometer-58-of-Maltese-trust-the-government-6736211853
https://www.independent.com.mt/articles/2018-12-22/local-news/63-of-Maltese-trust-government-Eurobarometer-6736201196
Euro -barometer trust ratings 2019
Malta Today 14/02/2022 GWU suspends chief editor Victor Vella

Implementation

#30

To what extent can the government achieve its own policy objectives?

10
 9

The government can largely implement its own policy objectives.
 8
 7
 6


The government is partly successful in implementing its policy objectives or can implement some of its policy objectives.
 5
 4
 3


The government partly fails to implement its objectives or fails to implement several policy objectives.
 2
 1

The government largely fails to implement its policy objectives.
Government Effectiveness
6
Government efficiency has continued to improve, although strong economic growth and the government’s ambitious plans have created challenges for the administration. Central to this improvement has been the Prime Minister’s Office and the work of the Principal Permanent Secretary’s Office. Policy implementation is measured against agreed upon KPIs and benchmarks, policies are monitored and shortfalls highlighted. Templates are sent out to ministries with deadlines and then assessed and reviewed. Every February, the first round of audit closing meetings commence. In November 2021, the PMO and the Ministry of Finance stated that 82% of measures announced in the previous year had been successfully implemented. This success is due to a greatly improved public service. The overall ability to implement policies is further evidenced by the overwhelming support enjoyed by the government.
Although problems remain, such as backlogs stretching back several years. These problems include insufficient oversight of service providers, a lack of controls related to personal emoluments, insufficient verification and enforcement procedures, missing documentation, deficiencies in stock management, and a lack of adherence to public-procurement regulations. Meanwhile, improvements have been evident in the quality of projects implemented, including roadworks, several infrastructural projects and social housing. One questionable feature is the high amount of direct orders traditionally dished out by governments under the pretext that procurement policies take too long.

Citations:
Gozo projects lacking good-governance rules Times of Malta 16/12/2015
Briguglio, M An F for Local Councils Times of Malta 12/12/16
Report by the Auditor General Public Accounts 2015
http://www.maltatoday.com.mt/news/national/80417/half_of_nao_recommendations_implemented_auditing_is_not_a_witchhunt#.We2pXVuCyM8
http://www.maltatoday.com.mt/environment/townscapes/79047/no_value_for_money_in_fekruna_bay_expropriation__nao#.We2pt1uCyM8
http://www.maltatoday.com.mt/news/national/79029/labour_urges_pn_to_stop_ignoring_nao_reports_pointing_fingers_at_azzopardi#.We2p4VuCyM8
The following reports are obtained here http://nao.gov.mt/en/recent-publications
Performance Audit: An evaluation of the regulatory function of the Office of the Commissioner for Voluntary Organizations –
REPORT BY THE AUDITOR GENERAL ON THE PUBLIC ACCOUNTS 2017 –
An investigation of matters relating to the contracts awarded to ElectroGas Malta Ltd by Enemalta Corporation
Report by the Auditor General on the Workings of Local Government for year 2017 –
Performance Audit: A Strategic Overview on the Department of Fisheries and Aquaculture’s Inspectorate Function –
Follow-up Audit: Follow-up Reports, 2018 by the National Audit Office
https://www.maltatoday.com.mt/news/national/97895/74_of_2019_budget_implemented_accountability_exercise_shows#.Xa1uQ5IzaM8
National Audit Office: Report of the Auditor General public accounts committee 2019
https://www.maltatoday.com.mt/news/national/112571/social_housing_waiting_list_halved_since_2017_housing_authority_says_#.YbxkHxzd7Cc
The 202O Auditor General report on the public accounts

To what extent does the organization of government provide mechanisms to ensure that ministers implement the government’s program?

10
 9

The organization of government successfully provides strong mechanisms for ministers to implement the government’s program.
 8
 7
 6


The organization of government provides some mechanisms for ministers to implement the government’s program.
 5
 4
 3


The organization of government provides weak mechanisms for ministers to implement the government’s program.
 2
 1

The organization of government does not provide any mechanisms for ministers to implement the government’s program.
Ministerial Compliance
6
The cabinet is the most important organizational device at the disposal of the government providing incentives and support to ensure ministers implement the government’s program. Second to this are the weekly meetings of permanent secretaries. Meanwhile, the powers of the Prime Minister’s Office have increasingly been used to drive policy implementation. The ministerial secretariat is generally responsible for overseeing the implementation of a program. However, this function has become more centralized; the government can now show how much of its program has been implemented. A yearly report provides details on each budget measure, indicating when it was implemented and by which ministry. A list of unimplemented measures is also included. 2021 has seen greater progress in terms of policy implementation. In addition, the Management Efficiency Unit in the PMO provides ministries with advice and capacity-building tools. Informal coalitions, for instance between civil society groups, businesses and individual ministries, can drive implementation in certain policy areas, such as the extension of LGBTQ+ rights, tourism or the construction sector. Parliamentary committees have also become useful in making policy implementation more efficient, for instance in the area of social affairs. However, bipartisan cooperation is all but absent in every sphere.

Citations:
PM wants powers to appoint ministers who are not MPs Times of Malta 15/02/16
Implementation of government measure 2018 Publicservice.gov.mt
https://www.maltatoday.com.mt/news/national/97895/74_of_2019_budget_implemented_accountability_exercise_shows#.Xa1uQ5IzaM8https://www.maltatoday.com.mt/news/national/112454/budget_measures_implementation_rate_up_in_2020#.Yb7wwLJVnsw
Times of Malta 04/10/2021 Over two-thirds of 2021 budget measures fulfilled – government

How effectively does the government office/prime minister’s office monitor line ministry activities with regard to implementation?

10
 9

The GO / PMO effectively monitors the implementation activities of all line ministries.
 8
 7
 6


The GO / PMO monitors the implementation activities of most line ministries.
 5
 4
 3


The GO / PMO monitors the implementation activities of some line ministries.
 2
 1

The GO / PMO does not monitor the implementation activities of line ministries.
Monitoring Ministries
6
The Prime Minister’s Office (PMO) monitors the implementation activities of most line ministries and the structures for doing so effectively are being continually refined. The PMO has an office dedicated to monitoring which is increasingly fine-tuning the system. The PMO does not have a unit to assess policies in the ministries. Instead, the ministries themselves must do this work according to impact assessment procedures and the policy cycle. If problems surface in a ministry, the PMO steps in to assist. Furthermore, the cabinet office, which is part of the PMO, monitors policy implementation by line ministries, ensuring that they implement the decisions made by the PMO. However, because of constituency demands and the likely imminence of a general election, cracks have begun to appear in the system.

Citations:
http://www.timesofmalta.com/articles/view/20151010/local/around-70-per-cent-of-last-budget-measures-implemented-pm.587638
Bartolo insists that ministries should support each other, pull the same rope Independent 10/06/15
Times of Malta 17/10/18 79% of budget measures implemented
https://www.maltatoday.com.mt/news/national/97895/74_of_2019_budget_implemented_accountability_exercise_shows#.Xa1uQ5IzaM8
Times of Malta 15/02/22 Chris Fearne says he opposes Marsascala marina project

How effectively do federal and subnational ministries monitor the activities of bureaucracies/executive agencies with regard to implementation?

10
 9

The ministries effectively monitor the implementation activities of all bureaucracies/executive agencies.
 8
 7
 6


The ministries monitor the implementation activities of most bureaucracies/executive agencies.
 5
 4
 3


The ministries monitor the implementation activities of some bureaucracies/executive agencies.
 2
 1

The ministries do not monitor the implementation activities of bureaucracies/executive agencies.
Monitoring Agencies|Bureaucracies
5
Malta is a unitary state. As such, monitoring of bureaucratic agencies is undertaken by parliamentary oversight, such as through parliamentary committee sessions, a Parliamentary Public Accounts Committee (PAC), the National Audit Office and the Office of the Ombudsman. In 2018, the Office of the Principal Permanent Secretary committed his office to a review of all cases that had been investigated by the Ombudsman the previous year as a means of ensuring the rule of law and good governance. The 2017 Ombudsman report emphasized difficulties in receiving timely information, and further indicated problems related to the inappropriate disclosure of government information – specifically problems with binding parties signing government contracts to secrecy, and in areas where essential health and energy services in sectors have been partially or fully privatized. The 2020 ombudsman report again emphasized the need to update the FOI act in order to ensure transparency of administration and the need to discuss the ombudsman report in the relevant committees of parliament to ensure appropriate monitoring. In terms of citizen complaints, the highest number concerned issues of fairness and balance, followed by delays and failures to act. The Department of Local Government assesses the performance of local-government bodies. There is also an internal audit office within ministries. The Prime Minister’s Office, through the Office of the Principal Permanent Secretary, has become more involved in monitoring processes. Nonetheless, National Audit Office reports still point to some problematic areas. The main problem lies with ministers themselves rather than with the bureaucracy, as many problems highlighted by independent offices originate from ministerial secretariats.

Citations:
73% of budget measures to be implemented by the end of 2016 Malta chamber of commerce

To what extent does the central government ensure that tasks delegated to subnational self-governments are adequately funded?

10
 9

The central government enables subnational self-governments to fulfill all their delegated tasks by funding these tasks sufficiently and/or by providing adequate revenue-raising powers.
 8
 7
 6


The central government enables subnational governments to fulfill most of their delegated tasks by funding these tasks sufficiently and/or by providing adequate revenue-raising powers.
 5
 4
 3


The central government sometimes and deliberately shifts unfunded mandates to subnational governments.
 2
 1

The central government often and deliberately shifts unfunded mandates to subnational self-governments.
Task Funding
5
Task funding remains a contentious issue. Although many new schemes have been put in place, funding remains inadequate. Local councils in Malta are primarily municipal bodies, and cannot raise revenue through local taxes. However, as they are an integral part of the political system, and under party control, they come under pressure to carry out tasks beyond their remit. Nearly all funding for local-government activities comes from the central government, with a small fraction sourced from local traffic fines. Other funding comes from EU financed projects, or one-off donations from government or the Planning Authority. As of 2019, the regional committees were allocated a fund containing more than €3 million. These committees have now been relieved of all expenses relating to local tribunals, as these costs are now borne by the Local Enforcement System Agency (LESA), which is under central control. In 2021, €500,000 was made available to local councils to finance capital projects, while another fund was established to finance open green spaces. In 2020, the total allocation for local councils was €48 million. The 2020 auditor general report on local government stated that “a number of Local Councils face financial distress and are heavily reliant on Government grants to sustain their operations. This is mainly due to inappropriate financial planning and management which could result in funds not being utilized economically and efficiently. Allocation of funds intended to cover administration costs also did not suffice.” The report concludes that in 2020 24 councils ended in deficit and/or with negative retained earnings.

Citations:
44 local councils request devolution of government property Malta Today 11/09/2015
Money for local councils Times of Malta 14/02/2015
http://www.timesofmalta.com/articles/view/20151228/local/councils-shortcoming-identified-by-nao-unacceptable-parliamentary.597069
http://www.timesofmalta.com/articles/view/20160706/local/auditor-general-criticises-funding-scheme-as-hasty.617914
http://www.timesofmalta.com/articles/view/20160111/opinion/Auditing-local-governance.598374
http://www.timesofmalta.com/articles/view/20151226/local/councils-christmas-dinner-bills-give-auditor-a-headache.596707
Local government culture fund 2018 – 2020
35.5 million budget for 68 local councils in 2017 The Malta Independent 04/07/17
The Independent 12/12/18 A total of 30 local councils benefit from the capital projects fund
Financial Allocations to local councils January -December 2018

To what extent does central government ensure that subnational self-governments may use their constitutional scope of discretion with regard to implementation?

10
 9

The central government enables subnational self-governments to make full use of their constitutional scope of discretion with regard to implementation.
 8
 7
 6


Central government policies inadvertently limit the subnational self-governments’ scope of discretion with regard to implementation.
 5
 4
 3


The central government formally respects the constitutional autonomy of subnational self-governments, but de facto narrows their scope of discretion with regard to implementation.
 2
 1

The central government deliberately precludes subnational self-governments from making use of their constitutionally provided implementation autonomy.
Constitutional Discretion
3
Local councils have no constitutional right of implementation autonomy, and all their activities and responsibilities are monitored and can be challenged by the Department of Local Government. All by-laws have to be approved by the central government and decisions taken may be rescinded. These constraints are intentional, to prevent local councils from assuming responsibilities independent from the central government or adopting policies which conflict with those of the central government. Consequently, local councils intent on taking decisions that conflict with the central government, for instance in the area of local planning, must resort to sui generis tactics, often working with civil society organizations, in order to support the views of the locality.

To what extent does central government ensure that subnational self-governments realize national standards of public services?

10
 9

Central government effectively ensures that subnational self-governments realize national standards of public services.
 8
 7
 6


Central government largely ensures that subnational self-governments realize national standards of public services.
 5
 4
 3


Central government ensures that subnational self-governments realize national minimum standards of public services.
 2
 1

Central government does not ensure that subnational self-governments realize national standards of public services.
National Standards
6
The Department of Local Government and the National Audit Office (NAO) work together to ensure that local councils meet basic standards. The former entity is responsible for monitoring and reporting on the performance of individual local councils. Central departments set the benchmarks for services provided by local councils. The NAO independently investigates local council activities both from a purely auditing perspective and from a “value for money” perspective. It is this latter perspective that has by and large driven reform of local councils. However, not all local councils responded positively to the recommendations of the NAO, with some even failing to present their accounts on time. A NAO 2020 review of follow-up actions undertaken by local councils noted that performance has consistently fallen below expectations and over 70% of recommendations remain unaddressed. National standards at the local level are reinforced through the councilors’ code of ethics and the Local Councils Association. The ombudsman has also proposed introducing a commissioner for local government within his office. In 2017, within the Ministry the Local Government, a division was established in preparation for the 2019 local council reform bill, which aims to strengthen regional councils by more precisely defining their role, suppling them with financial resources and recognizing regional governance in the constitution. However, not all the reforms envisaged in this act have as yet been realized, with the pandemic being only partially at fault. In 2021, the number of regional councils was increased from five to six to more accurately reflect the situation on the ground.

Citations:
http://www.timesofmalta.com/articles/view/20151226/local/councils-christmas-dinner-bills-give-auditor-a-headache.596707
http://www.timesofmalta.com/articles/view/20160111/opinion/Auditing-local-governance.598374
http://www.timesofmalta.com/articles/view/20160706/local/auditor-general-criticises-funding-scheme-as-hasty.617914
http://www.timesofmalta.com/articles/view/20151228/local/councils-shortcoming-identified-by-nao-unacceptable-parliamentary.597069
Report by the auditor general on the workings of local government for the year 2019
White paper on local government 2018
NAO Local Government 2020

To what extent is government enforcing regulations in an effective and unbiased way, also against vested interests?

10
 9

Government agencies enforce regulations effectively and without bias.
 8
 7
 6


Government agencies, for the most part, enforce regulations effectively and without bias.
 5
 4
 3


Government agencies enforce regulations, but ineffectively and with bias.
 2
 1

Government agencies enforce regulations ineffectively, inconsistently and with bias.
Regulatory Enforcement
5
For the most part, government agencies in Malta enforce regulations effectively and without bias. This said, the close personal relationships inevitable on a small island have undoubtedly greased the cogs of the administrative machine in order to facilitate positive outcomes in many cases. Certain powerful interests such as the construction lobby also wield influence over the decision-making process. A number of protests in 2019 expressed civil society anger against government support for development proposals running counter to the vision of a sustainable economy. Finally, the government’s reliance on direct orders for large purchases, along with allegations of mismanagement in tendering processes, has left it open to accusations of favoritism. In 2013, the government strengthened the fight against corruption by reducing elected political figures’ ability to evade corruption charges, and introduced a more effective Whistleblower Act. This act has been reformed for a third time. The recommendation of the 2017 ombudsman’s report to regulate lobbying has not been met. The Chamber of Commerce has also called for greater transparency in a set of proposals made to government. This is interesting as it highlights growing concerns among its members, who are normally guilty of such practices, about the current situation. However, nearly all government entities replied positively to the recommendations issued by Ombudsman’s Office. Furthermore, the Commissioner for Standards in Public Life has ruled against the practice of members of parliament sitting on government boards. Judicial reviews and European Commission investigations have frequently given the lie to accusations of bias or wrongdoing, and the government has strengthened its efforts on several scores. However, as in Iceland and Luxembourg, the country’s small size impacts negatively on efforts to ensure bias-free governance. There is now growing agreement that the current STV electoral system, which has facilitated a two-party system, has contributed to Malta’s failings, including the country’s grey listing. There is, therefore, a growing consensus in favor of change.

Citations:
https://www.timesofmalta.com/articles/view/20181020/local/possibility-of-state-aid-rules-breach-in-db-groups-its-project-raised.692024
https://www.timesofmalta.com/articles/view/20181020/local/possibility-of-state-aid-rules-breach-in-db-groups-its-project-raised.692024
https://www.timesofmalta.com/articles/view/20181027/local/we-have-nothing-to-hide-nothing-to-fear-on-pembroke-project.692678
https://www.timesofmalta.com/articles/view/20180828/local/274-million-svdp-deal-was-never-appealed.687770
https://www.maltatoday.com.mt/news/national/82086/pana_committee_report_confirms_malta_tax_system_eu_conformity_financial_organisations_say#.YcnWkMwzqPs
https://www.maltatoday.com.mt/news/national/109527/chamber_calls_for_reform_of_public_procurement_after_nao_report_slams_st_vincent_de_paul_contract#.YcnXF8zP13o

Malta Today 06/03/2020 scales tips in favour of developers

Adaptability

#22

To what extent does the government respond to international and supranational developments by adapting domestic government structures?

10
 9

The government has appropriately and effectively adapted domestic government structures to international and supranational developments.
 8
 7
 6


In many cases, the government has adapted domestic government structures to international and supranational developments.
 5
 4
 3


In some cases, the government has adapted domestic government structures to international and supranational developments.
 2
 1

The government has not adapted domestic government structures, no matter how beneficial adaptation might be.
Domestic Adaptability
7
The capacity of government structures to adapt to change improved during the period of EU accession and since membership. Malta’s preparations for assuming the EU presidency required further adaptation to changing scenarios, especially at the ministerial and bureaucratic levels as well as ambassadorial and consulate levels. It also required the expansion and international training of personnel. Malta is also seeking election to the UN Security Council for 2023/24. Consequently, there is greater awareness of the need to respond to international developments. Better coordination among the bureaucracy has also contributed to improvements. Departments are required to submit a strategic plan that is linked to their policy objectives, and which makes a contribution to wider national and corporate programs. On this basis, they are then required to submit a business plan specifying the necessary human and budgetary resources (typically in a two-year rolling plan format). These plans are approved and translated into the organizational leadership-performance plan. These are revised and updated every six months to ensure that they remain relevant and suitable to current conditions. In this way, organizations and their mandates are allowed to evolve gradually so as to remain “fit for purpose.” In addition, the government of Malta uses a number of structured review processes, including spending reviews (led by the Ministry for Finance), and strategic/operational/capacity reviews carried out in-house consultancy firm (the Management Efficiency Unit, or MEU) or external consultants. Similarly, there is a structured internal audit program led by the Internal Audit and Investigations Department (IAID). These latter interventions aim to stimulate significant organization change as needed, and generally focus on specific issue areas.

Malta is presently under substantial pressure to update and improve its regulatory and enforcement capabilities, particularly in the area of finance. Malta’s grey listing by the FATF is one example of this pressure, and expertise and funding has been allocated to ensure this. This is supported by recent credit agency reports. Environmental protection also requires strengthening. However, success in this field has been marginal.

Parliament has also demonstrated a greater willingness to engage with international forums. This has increased the government’s capacity to address international issues such as climate change, international financial institutions, security policy and humanitarian crises. However, the fact that parliament remains a part-time institution slows down the process, leaving the task to the public service.

Citations:
https://wwwhttps://www.maltatoday.com.mt/business/business_news/110608/no_immediate_impact_on_maltas_ratings_from_greylisting__fitch#.YbxWkGAzqko
.maltatoday.com.mt/news/national/107615/moodys_give_malta_positive_governance_rating_1#.YbxWOmCZOa4
https://www.maltatoday.com.mt/news/national/102995/fiau_flagged_61_cases_of_suspected_money_laundering_to_the_police_#.YbxXY2DP23A

To what extent is the government able to collaborate effectively with international efforts to foster global public goods?

10
 9

The government can take a leading role in shaping and implementing collective efforts to provide global public goods. It is able to ensure coherence in national policies affecting progress.
 8
 7
 6


The government is largely able to shape and implement collective efforts to provide global public goods. Existing processes enabling the government to ensure coherence in national policies affecting progress are, for the most part, effective.
 5
 4
 3


The government is partially able to shape and implement collective efforts to provide global public goods. Processes designed to ensure coherence in national policies affecting progress show deficiencies.
 2
 1

The government does not have sufficient institutional capacities to shape and implement collective efforts to provide global public goods. It does not have effective processes to ensure coherence in national policies affecting progress.
International Coordination
5
Malta does not have the institutional capacity to actively shape a wide range of international efforts. However, Malta has sought to do this within its immediate Mediterranean region and increasingly within the European Union. Since 1975, Malta has been a rapporteur of the UN Committee on the Exercise of the Inalienable Rights of the Palestinian People. It continues to support good-governance efforts in Libya and Tunisia and co-operates closely on refugee and migration issues with neighboring countries. Malta accepts more asylum-seekers per capital than almost all other countries and was one of the few EU member states to honor in full the EU relocation program by taking in its full quota. Since 2020, Malta has sought to extend its actions in sub-Saharan Africa and has provided COVID-19 vaccines to a number of African countries, among other supports. It is now providing scholarships to young diplomats from the Mediterranean and a number of African states. Indeed, over the last four years, Malta has done as much as it could on several international issues. One such issue concerns Libya, as Malta continues to seek ways to assist the country’s peace process and aid humanitarian efforts. In 2019, Malta also increased the financial contribution it makes to support global issues. In June 2020, Malta will officially launch its bid for a non-permanent seat on the UN Security Council for the 2023 – 2024 term.

Citations:
https://www.maltatoday.com.mt/news/national/111958/watch_malta_lays_out_red_carpet_for_libyan_national_unity_pm_dbeibah#.Ybxdq2Azqko
https://www.maltatoday.com.mt/news/national/106441/927_million_in_goods_breaching_libya_sanctions_seized_by_malta_customs#.YbxeZ2AVxBc
https://www.maltatoday.com.mt/news/national/17391/malta-releases-libya-s-frozen-assets-holds-on-to-gaddafi-s-money-20120411#.Ybxei2DJa3A
Ministry of Foreign and European Affairs website.
https://www.maltatoday.com.mt/news/national/112657/covid19_malta_to_send_135000_astrazeneca_vaccines_to_rwanda#.Ybxe-2BTZBc

Organizational Reform

#15

To what extent do actors within the government monitor whether institutional arrangements of governing are appropriate?

10
 9

The institutional arrangements of governing are monitored regularly and effectively.
 8
 7
 6


The institutional arrangements of governing are monitored regularly.
 5
 4
 3


The institutional arrangements of governing are selectively and sporadically monitored.
 2
 1

There is no monitoring.
Self-monitoring
6
The government has stepped up its efforts to monitor wide-ranging aspects of government work, especially from within the PMO. The Office of the Principal Permanent Secretary bears primary responsibility for this and has been carrying out its responsibilities in an appropriate manner. Unfortunately, most ministers seek, aided by their staff, to avoid such monitoring. This is evident from cases that come to light and which raise serious questions about good governance. Nevertheless, responding to EU supervision has helped. The NAO and the ombudsman also continue to provide essential monitoring functions. Over the last two years, Malta has been working to improve this aspect of governance. Currently, it has resolved many of its outstanding issues with the European Commission. In 2019, the government announced the creation of a new entity to monitor public-private partnerships. The PMO is currently overseeing an overhaul of procedures in a number of ministries and public organizations, following recommendations made by MONEYVAL, the Venice Commission and GRECO.

Citations:
Government to set up entity overseeing and monitoring public private partnerships Maltachamber.org.mt 28/01/19
Times of Malta 17/01/2020 Venice Commission Reforms without delay, Robert Abela
https://www.maltatoday.com.mt/news/national/113875/fearne_blames_konrad_mizzi_sideletter_for_41_million_extra_spend_for_steward#.YbxOVpenWko
https://www.maltatoday.com.mt/news/court_and_police/112032/mandatory_hotel_quarantine_for_returning_maltese_residents_challenged_in_court#.YbxO-Zdruko

To what extent does the government improve its strategic capacity by changing the institutional arrangements of governing?

10
 9

The government improves its strategic capacity considerably by changing its institutional arrangements.
 8
 7
 6


The government improves its strategic capacity by changing its institutional arrangements.
 5
 4
 3


The government does not improve its strategic capacity by changing its institutional arrangements.
 2
 1

The government loses strategic capacity by changing its institutional arrangements.
Institutional Reform
7
There can be little doubt that the government’s determination to ensure that Malta retains a strong position within EU structures has had an impact on institutional reform. But the actual force behind the improvements has been public services, not the cabinet. Unfortunately, ministers remain constrained by the demands of their constituencies and without electoral change this will remain so. The administrative service’s strategic capacity has improved greatly, and the continued focus on training and development in collaboration with tertiary institutions is paying dividends. This collaboration has helped place greater focus on what the service needs in terms of human resources and capacity-building.

Citations:
https://publicservice.gov.mt/en/institute/Pages/About/aboutips.aspx
https://publicservice.gov.mt/en/institute/Documents/IPS_PROSPECTUS.pdf
https://investinginyourfuture.gov.mt/project/public-administration/developing-the-maltese-public-sector-capacity-to-implement-better-regulation-37060628
Malta Today 17/01/2020 Rule of Law and good governance are at the top of the country’s agenda, Malta PM tells ambassadors
F. Bezzina, E. Camilleri & V. Marmara, (2021), Public Service Reforms in a Small Island State: the case of Malta, Springer Publications.
https://www.maltatoday.com.mt/news/national/93924/auditor_general_flags_interference_by_government_officials_in_mount_carmel_hospital_recruitment_#.YbxSJJeGNBc
Back to Top