Confusion reigns supreme over inoperative appeals tribunal

Appeals to decisions taken by the Information and Data Protection Commissioner on privacy and freedom of information matters cannot be heard, since the members of the Appeals Tribunal have handed in their definite resignations.

The tribunal is in an effective limbo because its secretary claims that the members have resigned and will not hear any cases, while the Ministry for Social Dialogue is saying it cannot instruct the tribunal to hear cases - even though the government insists that the members' resignations were not accepted.

The Ministry for Social Dialogue, which took over the office of the IDPC from the former justice ministry, is claiming that the IDP Appeals Tribunal should continue hearing cases even though its members resigned upon the request of the head of the civil service.

MaltaToday's appeal on a decision by the IDPC which upheld the refusal by the Automated Revenue Management Services to disclose the amounts that political parties owed for their energy bills cannot be heard, because the tribunal's members have tendered their resignations.

With the change of government in March 2013, the members of this judicial body tendered their resignations, but unlike in similar situations, they were not informed as to the new composition of the tribunal.

"Following their resignations, they have no authority to continue hearing cases. Consequently, procedures in front of this tribunal, as constituted, may eventually be declared null and void," Tribunal Secretary Aldo Testone informed MaltaToday. "In these circumstances I regretfully inform you that for the time being the tribunal, as constituted, cannot appoint for hearing your appeal."

But the Social Dialogue Ministry is declining to take any action to force the tribunal to hear MaltaToday's appeal, insisting that it is not the ministry's responsibility. "The tribunal is an independent body and it is not within our authority as a ministry to instruct the tribunal when to hear cases."

When asked what sort of recourse MaltaToday had, the ministry said that the tribunal members' appointment remained valid. "When in March the principal permanent secretary requested all members of government boards and committees to tender their resignation, it was made amply clear that until a decision on the offer of resignation was taken, all boards and committees were to continue functioning as normal.

"The secretary of the tribunal is incorrect in his statement that 'following their resignations, they have no authority to continue hearing cases'. The members have not resigned but offered to do so, given the change in government. Their appointment remains valid until advised otherwise," the ministry said.

"If the members of the tribunal needed to clarify their position on this subject, they could have easily raised the matter with the ministry concerned. At no point was this matter raised or the ministry informed that the members of the tribunal were not hearing cases."

When faced with the ministry's position on the tribunal, its secretary told MaltaToday that it was the chairman and two members of the tribunal who were eligible to appoint the case for hearing. "Last March they were asked to resign and they resigned. If the minister so desires, he should contact them again and appoint them anew. I trust you will appreciate that in the circumstances and for the time being I cannot fulfil your request."