Issue link: https://maltatoday.uberflip.com/i/1543384
7 maltatoday | SUNDAY • 22 FEBRUARY 2026 NEWS Ombudsman points to years of inaction, minister 'optimistic' solution will be found Victims of notaries: JUSTICE Minister Jonathan At- tard is "optimistic" the govern- ment will find a "reasonable and just solution" for victims of no- taries who fail to register prop- erty sales. The minister said the state must intervene to provide ade- quate remedies for people bitten by their own notaries. But the Office of the Ombuds- man has reaffirmed that its rec- ommendations to address the injustice remain unimplement- ed, despite having exhausted all procedures under the law, in- cluding referring the matter to parliament. The issue was rekindled last week after victims of disbarred notary Thomas Vella spoke to MaltaToday about their ongoing ordeal. The victims were forced to pay taxes and duties owed on the purchase of a property for a second time to be able to register their residence after Vella failed to forward the money to the au- thorities. "This situation has been at the ministry's attention," At- tard said on TVM+ programme Mill-Kamra, noting the issue concerns both the justice and fi- nance ministries. "I am optimis- tic we will find a solution, and a reasonable and just solution." He said that before entering politics, he had represented one of the victims in proceedings against the notary. "I empathise with what these victims, and others who have passed through similar situa- tions, are going through," Attard said. In a reply to questions sent by this newspaper, Ombudsman Joseph Zammit McKeon said his office had made recommenda- tions in 2023 after concluding an investigation into the matter but these were never implemented by the authorities. The ombudsman said the sta- tus quo was unacceptable, not- ing that notaries are public of- ficers entrusted by the state to receive such payments. "A per- son who has fulfilled his or her legal obligations cannot be re- quired to suffer the consequenc- es of the notary's failure to pass on the funds," he had concluded. In his final opinion, the om- budsman recommended that public administration provide immediate and tangible redress so affected persons could regis- ter their proprietary rights with- out paying twice. He also pro- posed that deeds be registered through the Office of the Chief Notary to Government without further expense, while the state retains a right of action against the defaulting notary. Further recommendations in- cluded discussions between the ministries concerned, the Office of the State Advocate and the Notarial Council to introduce stronger safeguards, such as sys- tems where taxes and duties are paid directly to the fiscal author- ities on the same day a contract is published, with immediate confirmation of payment. The ombudsman also called for the Notarial Council, together with the Justice Ministry, to be given the necessary resources to effectively supervise and investi- gate the professional conduct of notaries. According to the ombudsman, the Justice Ministry responded in February 2023, saying con- sultations were under way with key stakeholders, including the Office of the Notary to Govern- ment and the Office of the State Advocate, to identify viable op- tions. It also indicated further talks would be required with exter- nal stakeholders, including the Notarial Council and commer- cial banks, and that legislative amendments might be neces- sary. The matter was later referred to Prime Minister Robert Abela and, after no tangible outcome followed, to the Speaker Anglu Farrugia in line with the Om- budsman Act. On 7 February 2025, the Om- budsman had publicly reaffirmed that despite all procedures being followed, the recommendations remained unimplemented. In his comments on Mill-Kam- ra, Attard acknowledged the need for balance, saying there are cases where victims have clear proof they handed over money to the notary and others where proof is lacking. "We need to ensure there is balance," he said, adding the gov- ernment is looking at "a number of scenarios" and remains com- mitted to addressing the issue. Asked whether the system should be amended so that no- taries no longer hold client funds in their own accounts but instead use a government-ad- ministered account, Attard said work is ongoing to address past cases while also preventing a re- peat. "The reality is that the process right now is more rigorous, but there is still the possibility to im- prove," he said. Attard added the government is examining ways to make the handing over of funds to nota- ries more accountable and to strengthen the right of immedi- ate action. "In this day and age, I don't see how an intermediary is still needed," he said. Attard also agreed with the ombudsman's recommendation that notaries are public officials and that there is collective re- sponsibility, including on the part of the state. "We cannot allow such situa- tions," he said. KARL AZZOPARDI kazzopardi@mediatoday.com.mt Disbarred notary Thomas Vella giving the thumbs up and living the good life in these undated photos before he was sentenced to prison Justice Minister Jonathan Attard and Ombudsman Joseph Zammit McKeon The ombudsman said the status quo was unacceptable, noting that notaries are public officers entrusted by the state to receive such payments