In a press conference in which a reform regarding public officials and those in entities was presented, Prime Minister Robert Abela stressed that this change is another important step in continuing to support our workers and officials in the public administration, those who perform their duty every day with a sense of duty and loyalty towards their country and towards the Maltese and Gozitan people. He added that this reform is not only a matter of law, but also a matter of justice and respect towards those who serve the country. It is the Government’s intention to see that the Act regarding the civil liability of persons occupying public office and of public entities, passes through all stages of Parliament before it adjourns for the summer holidays.
The proposed law covers public officers, members of the Public Service and members of disciplined bodies, as well as those who hold an office established by the Constitution, when there are judgments and civil damages against them related to the performance of their duties in the capacity of the public office in which they serve.
The bill clearly states that if the action or decision is taken in the exercise of a public function and without criminal intent or gross negligence, the State will be the one to compensate for the damages ordered, together with the legal costs relative to the case. At the same time, if there is a case, the Government will also become a party to the proceedings and support its position before the Court.
Prime Minister Robert Abela said that the people have the right to a public administration that works effectively and with serenity, therefore the Government wants to give peace of mind to those who serve so that they can fulfill their duty without fear of ending up in an unwanted legal case. The Prime Minister mentioned how this reform is part of a broader vision of strengthening the Public Service, a vision that in recent months and years we have seen being carried out consistently. This as he recalled how a few months ago a collective agreement was signed that provided wage increases and laid the foundation for improvements in job security and working conditions for 33,000 workers.
This is while continuing to strengthen investment in Civil Service employees, including in the tools provided to them, including the investment of €4 million with Microsoft in a new artificial intelligence system, Co-Pilot, so that officers can perform their duties more efficiently and offer the best possible services to citizens.
Dr Abela recalled the 11 agreements signed in the past two months that strengthened the wages and conditions of around 1,100 Civil Service employees. He emphasised that the Government will continue to be the shield of the worker, not only by ensuring that working conditions and salaries continue to be improved and strengthened, but also by supporting and advocating for Civil Service employees in a legal and institutional manner.
The Minister for Justice and Construction Sector Reform, Jonathan Attard, said, “This law offers protection with accountability and reflects a mature legal system that understands the complexity of public administration. It is a law that encourages responsible decision-making, while curbing the abuse of power and safeguarding the legal rights of citizens. This law recognises that all those who perform a public function should be in a position to perform their duty without fear of being held personally liable for genuine shortcomings. However, it also makes it clear that this protection is not absolute. If shortcomings are committed with gross negligence or with criminal intent, these will not be hidden under the protection of public office.
This is an important step to ensure peace of mind for those who perform their duties in good faith and in accordance with the law, with loyalty to the country. At the same time, it is a step against anyone who tries to paralyze the work of the public administration, an administration that is the backbone of our country. “This is a government that, with a sense of justice, is on the side of those who perform their public function fairly and without fear, but which also ensures that those who fail bear their responsibility,” said Minister Attard.
The Head of the Public Service Tony Sultana stated that in a country that is evolving at such a fast rate, the public administration is becoming more dynamic in order to be close to the people. This means more challenges and work pressure, together with decisions that need to be taken quickly on more complex operations. “These are decisions that are taken by all employees at every level. Therefore, it is not fair to expect such workers to cope with the demands of a fast pace without offering them the peace of mind they deserve. Therefore, I believe that with this reform we are not only strengthening the Public Service but also the public we serve,” concluded the Principal Permanent Secretary.
Photo: OPM