Social Wellbeing faculty concerned over legal amendments to social work law

Updated with ministry reaction 

The Faculty for Social Wellbeing has voiced its concern over proposed amendments to laws governing social work, counselling and the psychology profession.

“The Heads of Department, Deputy Deans and Dean of the Faculty for Social Wellbeing expresses its grave concern over Bill Number 104, tabled in Parliament on the 28th June 2024 without the consultation that it merited,” a faculty statement read.

The government is proposing amendments to the laws regulating social workers, counsellors, and psychologists. The planned changes include expanding the qualification criteria that the warranting board can recognise for psychologists.

The Bill was tabled in parliament in late June by Minister for Social Policy Michael Falzon. Stakeholders have said they were not informed of the changes, and were only alerted after it got to second reading stage.

On Wednesday, in a statement, the Malta Federation of Professional Associations (MFPA), which includes the Maltese Association of Social Workers, Malta Chamber of Psychologists, and Malta Association for the Counselling Profession, called on the authorities to “listen to the expert advice of professionals within their respective fields.”

“The Federation is willing to contribute to a discussion towards any necessary amendments, and therefore, asks the government and the opposition to consult with the respective professional organisations before proceeding with further discussions in parliament and final voting. MFPA stresses that the wellbeing of all citizens should be at the forefront and that they deserve to have professionals with the necessary and right qualifications that ensure a safe service, especially to vulnerable people,” the federation said.

On Thursday, the Faculty for Social Wellbeing said the Bill establishes Appeals Committees in the laws that regulate the social work, psychology and counselling professions, “yet fails to specify the qualifying criterion for the third member of these three-person committees.”

“The qualifying criteria for all members of such committees must be set out at law in a manner that clearly conveys the intention to uphold the standards of the profession.  The proposed constitution of these committees undermines each profession's capacity to self-regulate, because the proposed boards – composed of an advocate, a professional and an unspecified third member – means that the appeals are governed by a board in which each of the profession concerned is a minority,” it said.

While the Faculty agrees with the possibility of appeal, it said good governance requires that appeals committees are constituted in line with strictly regulated criteria or they may undermine the very laws they purport to represent. 

“The Heads, Deputy Deans and Dean support the position already taken on this matter by the Malta Federation of Professional Associations and the Chamber of Psychologists,” it said.

Ministry reaction

Reacting to the faculty’s statement, the ministry for social policy said it welcomes unanimous agreement on the introduction of an appeals board.

“Any decision should be allowed appeal, as this is a fundamental right, a principle of justice and stems from good governance,” it said.

It said before the Committee stage in Parliament, meetings will be held with all concerned parties.

“In this context, the Ministry has always worked to strengthen the social professions with the aim of providing the necessary assistance from professionals. Furthermore, we want to ensure a vibrant sector that attracts more people to work in the social sector,” the ministry said.