Communications authority head bemoans ‘forced resignation’

ICT legal expert says government’s removal of EU Digital Champion can only be motivated when heads don’t fulfil the conditions of their job.

2 May 2013, 12:00am
by Matthew Vella

2 min read

ICT expert and digital rights champion Antonio Ghio believes his resignation is not within the spirit of Maltese and EU laws. Photo; Ray Attard/Mediatoday

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The outgoing chairman of the Malta Communications Authority has declared that his resignation from the post, at the request of the principal permanent secretary, was possibly not within the spirit of national and EU laws regulating the MCA.

Lawyer Antonio Ghio, Malta's so called 'EU Digital Champion', said he was offering his "forced resignation" despite claiming that Maltese and European laws set the national regulator for electronic communications in complete independence of central government.

Ghio, a lawyer who heads the ICT law department at Fenech & Fenech Advocates, was informed by a letter on 12 March 2013 from outgoing civil service head Godwin Grima that all chairpersons and members of government boards had to tender their resignation, to enable the new government to effect any changes it may consider desirable.

"Whilst there is no doubt in my mind that no resignation from my present post has to be tabled, I am hereby, as requested, offering my forced resignation from chairman of the MCA," Ghio wrote in a letter to the Prime Minister's chief of staff, and the new minister responsible for the MCA, Joe Mizzi.

Ghio claimed that the request for his resignation does "not fall within and are not reflected in the national and European provisions regulating the Maltese authority responsible for electronic communications."

Article 3 of the Malta Communications Act states that a minister can remove a member of the MCA if in the minister's opinion "such member is unfit to continue in office or has become incapable of properly performing his duties as a member."

The law also grants the chairman the right to request the publication of the statement of reasons for his removal, as Ghio did in the case of his resignation.

More specifically, EU law demands that member states ensure that the heads of national regulators are dismissed "only if they no longer fulfil the conditions required for the performance of their duties", and that the dismissed head should "receive a statement of reasons and have the right to request its publication."

Ghio said that it had been a an honour to serve the MCA and the country in the field of ICT, which included the proposal of enshrining digital civil rights in the Maltese Constitution.

His successor is Edward Woods, of legal firm Woods & Associates, who specialises primarily in maritime and insurance law.

Matthew Vella, a freelance journalist at MaltaToday, was formerly executive editor at Malt...

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CONGRATULATIONS EDWARD WOODS WE KNOW YOU WILL DO A BETTER JOB THAN GHIO.

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WHAT HASHE OUTGOING CHAIRMAN TO SAY OF WHEN HE WAS FIRST APPOINTED...... was it by public call as pledged by the than Prime Minister Gonzi in his electoral manifesto of 2008?

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Change of important and topmost posts when there is a change of government, especially with an overwhelming majority, should be the order of the day. This should include also, where possible, ambassadors. Thus, persons who occupy such posts would know from the start that their post could change with a change of government. This is a logical outcome and nobody should, directly or subtly, play the martyr or pretend pity.

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The recent approval of massive hikes in postal tariffs for local mail matter to MaltaPost, owned by Lombard and chaired by SAID was a clear sign that the MCA under Ghio was not protecting the rights of the citizens but the rights of the businessmen. MCA said that it approved these hikes because the international fees were increased. If that were so why did it approve hikes in the LOCAL post but not the international rates? Clearly these hikes were a cover up to help certain friends, blue-eyed at that, gain more money. So there was a need of change at the head of MCA and this change was not only justified but mandatory on any Government that works for all its citizens.

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At least you have been replaced by another professional, your pn government had appointed professionals within certain authorities who do not possess any degree and putting these people above others who do have a degree. Trust me Mr. Ghio this is for real. How is that for Justice Mr. Ghio?

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@kukkunja biex tissindika trid tkun impur; biex tiskongra trid tkun pur.

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I wonder what Dr Antonio Ghio has to say about public officials who have been side lined for a quarter of a century for political reasons by the Prime Minister/Principal Permanent Secretary/Minister who appointed him. I can assure Dr Antonio Ghio that these public officials have suffered and are still suffering.

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Ghio heads the ICT at Fenech and Fenech Advocates and Chairman at MCA ! OK Fenech is the same Dr Peter Fenech Chairman of a few (yes more then one) govt boards,and MCCF, whose wife is also Dr Fenech who is chairwoman of Health & Safety Dept... the same people who endlessly worked to help Gonzi and are now working for Simon Busuttil, Oh pls Dr Ghio, make a quiet exit. its not a question of having your fingers in the pie, but rather both hands in several pies! Positions of trust should be given to exactly that.

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Digital Champion??? Seriously? As an IP lawyer, Ghio has always been fighting against the interest of consumers and in the interests of the media corporations he works for.

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Din pratika normali: anke go l-Amerika l- President ibiddell l-istaff u l- head of departments tieghu! Fl-Amerika anke jappontaw lill-Imhalfin skond l-affiljazzjoni politika ghall-partit fil-Gvern! F'Malta, taparsi dan ma isirx: imma kulhadd jaf li mhux it-taparsi jghodd imma l-verita! X'jippretendi li 'political appointee' jibqa hemm jekk m'ghadnux il- fiducja tal Gvern. M'iniex qed nghid li mhux integru u tajjeb imma la lahaq imhabba l- politika, l- politika differenti ghandha dritt tnehhih: jekk dan ikunx ta gid ghal pajjiz hi haga ohra, imma biex tissindika dritt tkun pur!