Former MCA chairman sticks to ‘forced resignation’ claim

ICT legal expert told by permanent secretary that the resignation was ‘in light of a change of administration of the country’.

31 May 2013, 12:00am
by Staff Reporter

3 min read

Antonio Ghio.

The former chairman of the Malta Communications Authority has stood by his original claim that, at the request of the principal permanent secretary, he was "forced to resign".

Ghio said that on 30 April, the permanent secretary with the Ministry for Economy sent him a letter in which he was informed that the "Government of Malta considers that you can no longer perform your duties as Chairman in light of a change of administration of the country".

Ghio, until a few days ago also Malta's so called 'EU Digital Champion', said Maltese and European laws set the national regulator for electronic communications in complete independence of central government and therefore his resignation should not have been asked for because there was a change in government.

When asked about Ghio's resignation yesterday morning, Prime Minister Joseph Muscat dispelled statements of "forced resignation", saying that "one had to question the validity" of his original appointment.

"I won't even go into the issue whether his position was a conflict of interest due to his private practice," Muscat said.

Whilst serving as the head of the Communications authority, Ghio was also the head of the ICT department at Fenech & Fenech Advocates, where he is a partner.

Antonio Ghio has insisted that his removal from the communications regulatory was against national and EU laws, and refuted suggestions by Joseph Muscat which he said have put his integrity into question.

Antonio Ghio said that after his resignation, Muscat asked him to assist a TV crew from Dubai that was filming a TV programme on Malta.

Ghio, an ICT lawyer and partner at the firm Fenech & Fenech Advocates, said that his removal from the post of MCA chairman on 30 April was down to reasons related to the change in administration of the country.

Ghio said that the reason he was formally provided for his resignation was that the government considered he could "no longer perform [his] duties as chairman in light of a change of administration of the country."

In a statement, Ghio said his appointment at the MCA had been in conformity with the law, and that during his tenure he always followed the law the code of ethics for the public sector.

"Never, throughout my tenure, did I provide any consultancy, advice or any other form of service or representation, whether of a legal nature or otherwise, to any entity or person falling under the regulatory remit of the MCA. Any allegation or inference of any conflict of interest from my part is therefore being refuted as completely unfound in fact and at law," Ghio said.

"If the Prime Minister has or had any doubt regarding my personal integrity or absolute loyalty to my country, perhaps he should have considered deeply whether he should have sent me a letter signed by his very hand on the 3 April 2013, that is well after my offer of forced resignation was received by government, asking me as chairman of the MCA to provide all assistance to a TV crew from Dubai which were filming a programme about Malta, something which I gladly did," Ghio said.

More from Staff Reporter

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Imsomma 'nominated in December 2012, his business partner is in the upper hierarchy of Gonzi/SimonPN' and he wants us to believe that he is not a political appointee? It is good to hear-for once that this guy had a 100,000 euros a year; ghax fuq in_Nazzjon u It-Times editorjali fuq dawn il-hnizrijiet qatt ma kitbu fuqhom! Rolls Royce iehor? Hmmm!

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Li mhux isemmi s-Sur Ghio li kien intalab jirrizenja fit-12 ta' Marzu mill-ex permanent Secretary ta' Austin Gatt, meta l-cabinet il-gdid kien ghadu l-anqas inhatar kollu. Hekk intqal fil-Parlament nhar it-Tnejn fil-question time. Mela m'hemmx dubju li kollox mexa skond kif suppost, ghax il-ministeri taht Gonzipn hekk kienu jimxu. U qed naraw ghal min tnaqqset l-izjed ir-rata tal-income tax! Ghaz-zghir kien hemm biss taxxi u kontijiet gholjin

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1. Since the introduction of the Government Service reform (or rather deform, for all intents and purposes) all government senior staff above the grade of Director are appointed on a 3-year contract. There's absolutely no permanence there. 2. Since forever and everywhere on earth (i) a change in government, (ii) a change in administration in any enterprise and (iii) change in management everywhere else (including football, bridge and horse clubs) brought with it such a change (vide what went on at Man.Utd with the taking over of Moyes as Club Manager) because the new administration will set up its own new priorities, new policies, new objectives and values. 3. Tony Ghio may (and we may accept) his past integrity in the face of a clear conflict of interest. But he CAN NOT (AND WE CAN NOT ACCEPT)CONFLICT HIS FUTURE INTEGRITY!! So as I said in in (2) A NEW MANAGEMENT INTRODUCES ITS OWN NEW VALUES - WITHIN WHICH IT SEEMS HIS CONFLICT OF INTEREST DO NOT FIT IN??

Joseph MELI •

Stick away pal -as it ain't gonna do you a shred of good .You shouldn't have been given the job in the first instance as neither you nor a great many others appear to be au fait woth the term conflict of interest or how it is applicable!

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Antonio Ghio has no shame. Another PN fat cat who got fatter at our expense. Good riddance Mr Ghio.

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No wonder he is sticking to his guns! over 100,000 euro per year eh! No wonder there are two sides to a coin so far we hear Mr Ghio, but the coin is turning round of us to view the other side. prosit to whoever took the decision!

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"Ghio, until a few days ago also Malta's so called 'EU Digital Champion', said Maltese and European laws set the national regulator for electronic communications in complete independence of central government..............." if Mr Ghio is right why did he tender his resignation unless he is playing a game where he ends up with a hefty golden handshake. He should have stuck to his guns and refused to hand in a letter of resignation if the law is on his side. Unlike one might think we the public are not idiots or retards.

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If like the PN is saying Permanent Secretaries are on a permanent basis how come there are no permanent secretaries from Mintoff's, EFA. KMB and Dr Sant's time? So they are not permanent at all. The PM has the prerogative to hire and fire and this is constitutionally right. So luck all who say otherwise.

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This subject is closed now and let the PL to continue with its program.Now the PN placed you up there,and the PL is placing you down.Remember that those who placed you up there. are now in the opposition.

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whats seems interesting, and never heard it before (or at least that me), is that Dr. Ghio remuneration at MCA was around the €100,000. so no wander he is making all this fuss. the following is from another MT article of today "By way of example, Muscat said the new salary of the Malta Communications Chairman was nowhere near the "€100,000 paid to his predecessor", Antonio Ghio." this makes even further sense when considering that Dr. Ghio was officiated as Chairman in December 2012 - at the start of an electoral campaign. (not to mention that during the same time his business founding partner was being nominated for the top echelons of the PN)

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Tony Ghio, should step down off his high horse and forget the rarefied atmosphere he's used to wallow in! I'm most certain he's aware that whenever there's a management change, be it at national government level or football club level, a change in policy follows and with a change of the people who execute that policy. We're not talking about the typist or the cleaner here, but the Chairman of the board, selected by a previous administration with a different views.

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Dan kollu paroli fil-vojt! dan Ghio gie mahtur mill-PN. Il-PN tilef l-elezzjoni f'tellieqa demokratika li wriet illi l-poplu irid BIDLA fit-tmexxija. Ghaldaqstant dan il-bravu kien juri prudenza kbira kieku taha r-rizenja biex Gvern gidid ikun liberu biex 1. jew ibiddlu jew 2. igeddidlu...Imma tant hu bravu dan li l-arroganza telghet ghal rasu u haseb illi ghandu xi dritt divin jokkupa il-post ta chairman irrispettivament jekk ikun hemm Gvern gdid. Jew forsi qed jinkwieta illi johrog xi hmieg???

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Kif ma nistax nifhem jien dan il paniku kollu. Meta jinbidel Gvern jinbidlu anki kapijiet ta departimenti, dan isir kull pajjiz demokratiku. USA u Uk it-tnejn jghamluha din, haga normali, anzi kull legislatura, suppost, jintemm il- kuntratt ta kull kap jew segretarju permanenti. Suppost li dejjem gara hekk, mentri hawn Malta GonziPN ghamel kuntratti ma certu nies tal klikka li jaqbez il legislatura, hemm hafna u mhux ftit ghax kieku tiga tnehhew certu hbieb ta Gonzi. Hemm min kellu jigi trasferit biex ma jiehux somma fenominali jekk jitnehha, li issa fejn mar hlief vendikazzjonijiet ma sarux mal Laburisti , fejn issa gejna tajbin il laburisti jaqalghu taht il Pl. Dan l-ex chairman l-anqas qatt ma kellu jkun hemm taht il Gvern precedenti ghax kien tiga kien hemm konflitt ta interess. Ma tistax tkun chairman tal-Awtorita tal komunikazzjoniet u tkun kap ta Kumpanijja ohra li tista tizvolgi li min wara jistaw jegevolaw xi kuntratti ma l-istess kumpanija privata tieghu. DAK KONFLITT TA INTERESS SUR GHIO, miktuba cara, tipprovax tqarraq.

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.... veru qieghdin sew ..... is-sur ghio ghandu jifhem li l-gvern, ghal xi raguni li mhux bilfors tinteressana, ried ipoggi persuna ohra f'din il-kariga .... kif gonzipn pogga lilu ghax ried lilu u hadd ma ndahallu, issa gvern laburista irid ipoggi lil xi hadd iehor f'din il-kariga ..... x'hemm hazin fiha? ..... jien haga nghid - meta persuna tibqa' tinsisti li trid izzomm xi kariga minkejja c-cirkostanzi, bla ma trid tibda tithasseb ..... min jaf ghaliex ghio ma jridx iwarrab meta qed jaghmluha cara li ghal din il-kariga hemm persuna ohra? ..... u toqghodx tpacpac ghax regolatur u mhux regolatur .... wara kollox il-hatra mill-gvern precedenti saret u hekk kellu jkun ... imma issa ghax il-hatra qed issir mill-gvern tal-gurnata, allura jibdew iqumu l-irwiefen kollha .... u halluna, tridux? ......

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Loosing a yearly remuniration of €100,000 is something to fight for. Is-slogan ta Tonio Fenech "il-gvern iberbaq u thallas int" ma kienetx tghodd ghal zmien GonziPN. Issa beda jigi f'sensieh Tonio, miskin.