Issue link: https://maltatoday.uberflip.com/i/1421642
I was surprised to read this week that the Police Commissioner and the Home Affairs Ministry wrote to the Ombudsman say- ing they disagreed with the con- clusions reached in the case of former Police Superintendent Carmelo Bartolo and Police Su- perintendent Ray D'Anastasi. The Ombudsman had found that a promotion exercise made under former Commissioner Lawrence Cutajar was a 'parody of a selection process'. An ombudsman is an official, usually appointed by the gov- ernment, who investigates com- plaints lodged by private citi- zens against public entities, and attempts to resolve the conflicts or concerns raised by making recommendations. In Malta the Ombudsman Act refers to an Officer of Parlia- ment who is a Commissioner for Administrative Investiga- tions and who is appointed by the President acting in accord- ance with a resolution of the House of Representatives sup- ported by the votes of not less than two-thirds of all the mem- bers of the House. Our Ombudsman has the power to investigate the gov- ernment, including any gov- ernment department or other authority of the government, any minister or parliamenta- ry secretary, any public officer and any member of a state au- thority; any statutory body, and any partnership or other body in which the government has a controlling interest or over which it has effective control; as well as local councils. In the Nordic tradition – from where the word 'Ombudsman' originates – although the Om- budsman can make recommen- dations, his decisions are not enforceable. But an Ombuds- man's report could be part of a powerful 'name and shame' process. The Ombudsman is not infal- lible but a public entity writing to him to tell him he is not right, in my opinion, goes on to show disrespect to the Ombudsman who is an Officer of Parliament. Press releases explaining the position of those who were found lacking in one way or an- other by the Ombudsman are normal fare but complaining about an Ombudsman decision by writing directly to him, ac- cusing him that he was wrong, and publishing such a letter is, in my opinion, not on. It shows disrespect not towards the cur- rent Ombudsman but to the office of the Ombudsman itself. It shows that the Police Com- missioner and the home affairs minister think that there is no difference between an Om- budsman's report and a report published in a newspaper or in some other media. Worse still, it shows that the current Police Commissioner and the current home affairs minister do not understand the function of the Ombudsman as a protector of citizen's rights. They do not even understand the status of this officer of Par- liament! Does the Police Commission- er write to a Judge or a Magis- trate who delivers a judgement with which he does not agree? Of course not! But the current Police Commissioner did it in the case of the Ombudsman – signifying that in his mind, the status of the Ombudsman does not deserve the same level of respect he shows towards the Judiciary. For the Police Commissioner to send the letter to the Om- budsman with the connivance of the permanent secretary of the home affairs minis- try – who also signed the let- ter – makes the situation even worse. One wonders whether it was the ministry that pushed the Commissioner to sign the letter or if it was the other way about. Whichever it was, it is a reflection of the cosy relation- ship between the Police Com- missioner and the home affairs ministry. Such cosy relationships are a negative indication of the state of our democracy. The elephant in the room Despite all the efforts and money that goes into our edu- cation system, large numbers of Maltese school-leavers fail to get beyond secondary school. Minister Clyde Caruana was completely right when in an interview with Lovin Malta he said that the problems with our education system will not be overcome by throwing money at them. In his words: "Throw- ing more money at the problem won't resolve the issue at all. I think we're spending more than enough." Malta is one of the top ten spenders on education in the entire EU with the country providing free education up to university level to all of its citi- zens. Yet some 35% of the pop- ulation still leave school before receiving a complete secondary school level education. Solving these issues within the education sector remains a big problem for the government. More so, as too many families do not understand that educa- tion is the key to a successful future. As Minister Caruana put it: "If we lose them young, we don't have a chance." He is com- pletely right in dismissing a PN proposal to increase teachers' salaries by 25%, rejecting sug- gestions that paying teachers more would magically result in better teachers. As a matter of fact, teachers' salaries and working conditions have been increasing for as long as I can remember. Their out- put never improves. Addressing the launch of a national employment strategy, Caruana said that politicians liked to use buzzwords when it came to technological devel- opments like blockchain, yet, in the span of 20 years there had been only marginal im- provements in the number of students leaving compulsory education with six O-levels. Caruana described the educa- tion sector as the elephant in the room, adding that "these things cannot be ignored if we want the country to advance". He acknowledged that many high-end jobs are being taken up by foreigners, as the Maltese did not have the skills to take them on, saying that it would be ironic for the country to keep creating new opportunities, while Maltese youngsters do not have the skills for them. He questioned how Malta could ever hope to compete in a world where Scandinavian youths spend an average of 21 years in education, while Malta has one of the highest rates of early school leavers in the EU. The idea of increasing com- pulsory school age by two years to 18 was mooted by some, but experts agree that this will only work if the education system is revamped to be more relevant and engaging for students. Educational psychologist Carmel Cefai was quoted in the press as saying: "The focus needs to be on restructuring the system so that young people find it motivating and reward- ing to continue their education beyond 16 years." I am sure that the need for this restructuring is the more important issue. When will the ministry of education tackle this vital issue to our country's future? 7 maltatoday | SUNDAY • 24 OCTOBER 2021 OPINION Disagreeing with the Ombudsman Michael Falzon micfal45@gmail.com Former Police Commissioner Lawrence Cutajar