Issue link: https://maltatoday.uberflip.com/i/1541063
TRANSPARENCY and ac- countability are two vital char- acteristics that have been con- spicuously rare during the two preceding and current Labour administrations. Our political system was orig- inally founded on the idea of the consent of the governed. Today's government relies on a multitude of administrative officials, which makes it diffi- cult for citizens to know who is making decisions. This has created an opaque policy-mak- ing environment, the constitu- tionality of which is even being called into question. Only with transparency at the administrative level can citi- zens know the decision-makers and the decision-making pro- cess, which allows them to hold elected and appointed officials accountable for the results of those decisions. Maltese citizens are taught to participate in democracy through voting, referendums, electing officials and educating themselves on proposed legis- lation. Maltese also must hold elected officials accountable for government waste and subop- timal decision-making, and we can only do so if we know what the government is doing. More than one major political scandal over the last few years has amply shown the unques- tionable importance of trans- parency and accountability. Government accountability and transparency ensure that malfeasance is exposed and that failed or harmful policies are swiftly corrected. A well-func- tioning democracy requires strong safeguards against offi- cial corruption, which erodes public services as well as public faith in the democratic system. Corruption can also give unfair advantages to incumbent poli- ticians and create pathways for outside malign interference. Admittedly, accountability is an elusive concept, but under- standing where it originates can help citizens find ways to hold our government accountable. In its narrowest sense, ac- countability is equated with answerability; it refers to the obligation to give an account of one's action to particular individuals, groups or organ- isations. However, in a small country where public adminis- trators increasingly operate in intergovernmental networks, agencies and entities, decipher- ing what constitutes accounta- bility in public management has become a challenging task. Political accountability is ar- guably the strongest form of governance, anchored in dem- ocratic principles. It is a means to exert political control or oversight. Appointed public of- ficials are directly accountable to the executive branch, with responsibilities in policymaking ranging from education, health and public order to national se- curity and environmental pro- tection. At the same time, they also possess a variety of author- ities over rulemaking delegated by legislators. These responsi- bilities dictate that public ad- ministrators should account for their actions in the context of designing and implementing laws, rules and regulations. Equally important is bureau- cratic accountability. This requires an organised and le- gitimate principal-agent re- lationship in which the act of following commands is unques- tioned and a strict performance management system of stand- ard operating procedures is well established. In this approach, bureaucratic accountability is achieved through strategies, administrative rules, budget re- views or performance manage- ment systems. Of course, there can be no accountability unless there is transparency in the first place. Transparency can support bu- reaucratic and governmental legitimacy. At the same time, it cannot be excluded that the government should exercise some discretion in determining what will be known and what will be kept secret. Yet, it must be very strict and clear-cut dis- cretion. Transparency itself is based on a free flow of vital information that is factual, complete and not in any way given a political or biased tinge. On paper, we have a freedom of information law, but, in ef- fect, have its implementation and adherence been as satisfac- tory as they should be? More than one media outlet in Malta has been expressing growing concern over the chal- lenges that they face in access- ing public information through the Freedom of Information (FOI) Act. The unprecedented appeals by the government against de- cisions by the Information and Data Protection Commissioner ordering the disclosure on re- quest of information on public expenditure, major national projects or any other subject in the public interest are emblem- atic of these challenges. It is all about a simple prin- ciple that affects all media in Malta—the right to access pub- licly held information on how taxpayer money is used. This is a basic right that is essential for the functioning of democracy. It carries serious implications for transparency and media free- dom and sets a precedent that damages the ability of all media in Malta to do their work. Furthermore, there is a far wider problem regarding access to information. Public bodies regularly deny FOI requests from the media on arbitrary grounds. Responses are often delayed until the last possible minute and are often followed by requests for extensions. When FOI requests are ac- cepted, the information is often incomplete. Regular appeals to the Data Commissioner, mean- while, lead to lengthy and tax- payer-funded court battles, further undermining timely re- porting. Evidence also suggests that FOI requests from certain media outlets, or on certain topics, are handled in a dis- criminatory manner by certain administrative bodies. While the collection of doc- uments by ministries may well be burdensome, this is not a sufficient reason to decline the release of public-interest infor- mation. The Data Commissioner's lack of capacity to take up every case, risks aggravating the near breakdown of our government's transparency and accountabili- ty. 9 maltatoday | WEDNESDAY • 5 NOVEMBER 2025 OPINION Mark Said Governmental transparency and accountability Veteran lawyer Political accountability is arguably the strongest form of governance, anchored in democratic principles. It is a means to exert political control or oversight Parliament Building (Photo: James Bianchi/mediatoday)