Standards Commissioner report on OPM secondments and NGOs

A formal investigation by the Standards Commissioner has examined secondment practices within the Office of the Prime Minister in Malta and identified administrative failures in the handling of public employees assigned to non government organisations. The inquiry focused on arrangements connected to NGOs presided over by Michelle Muscat and assessed whether established procedures were respected.

The report, prepared by Joseph Azzopardi in his capacity as Standards Commissioner, concludes that internal human resources rules within the Office of the Prime Minister were not consistently applied over a number of years. The findings centre on decisions taken under the leadership of Joyce Cassar who served as Permanent Secretary.

The investigation was triggered by a formal complaint submitted by Arnold Cassola, who requested a review of the secondment framework applied to specific NGOs. While the report does not attribute direct intervention to Prime Minister Robert Abela, it identifies systemic shortcomings within the administrative structure of the OPM.

Background to the secondment framework

Under internal OPM regulations, non government organisations may be granted the secondment of one public employee whose salary remains funded by the State. The policy is designed to ensure limited support while safeguarding public funds and maintaining equality of treatment among NGOs.

The Commissioner’s report examined secondments involving the Marigold Foundation and the National Alliance for Rare Diseases Support. Both organisations were presided over by Michelle Muscat and operated from the same premises during the relevant period.

According to the findings, the OPM’s human resources office treated these two organisations as separate entities for the purposes of the secondment policy. This interpretation allowed more than one public employee to be assigned at the same time across the two NGOs.

At one stage, five public employees were seconded collectively to the organisations. The Commissioner found that this practice exceeded the intended limits of the policy and resulted in multiple salaries being funded by taxpayers for the benefit of entities under common leadership.

Findings relating to administrative approvals

The report sets out several categories of administrative concern. These include approvals for more than one civil servant per NGO, authorisation of secondments involving higher salary grades than permitted under policy and the payment of wages not aligned with established guidelines.

In addition, the investigation identified instances where agreements were backdated after it became apparent that procedures had not been followed in a timely manner. In some cases secondments commenced without fully drafted contracts in place.

One specific case dating back to 2018 involved internal advice given to Cassar recommending that a secondment arrangement be regularised. The Commissioner states that this advice was not acted upon at the time. Although Cassar later indicated that she did not recall the details of that particular file, official records contained her signature approving the arrangement.

The report also notes inconsistencies between Cassar’s testimony during interviews and documentation held within her department. The Commissioner observed that she stated she could not remember several approvals. However departmental files showed formal authorisations bearing her signature.

The findings stop short of alleging criminal conduct. Instead they describe administrative failures and departures from established internal rules. The language used in the report characterises the conduct as a serious breach of governance standards and an abuse of procedure within the OPM.

Intervention and urgency in staff releases

Beyond the approvals themselves, the Commissioner examined correspondence showing that Cassar personally contacted senior officials in other institutions to facilitate the release of staff requested by the NGOs.

Among those contacted was Pierre Fenech, Chief Executive Officer of the Institute of Tourism Studies. According to the report, Cassar urged that the process be fast tracked.

When questioned about the urgency, Cassar explained that her approach reflected her general working style. She stated that she frequently responds to emails at all hours including during the night. The Commissioner however interpreted the repeated interventions as indicative of preferential treatment toward the organisations concerned.

The report suggests that the pattern of direct involvement went beyond routine administrative processing and contributed to the perception that the NGOs enjoyed a privileged position within the OPM framework.

The role of seconded drivers

Particular attention in the report is given to the secondment of two drivers. Both individuals denied serving as personal chauffeurs. They confirmed however that their daily routine typically began at Michelle Muscat’s private residence in Burmarrad.

From there they drove a government provided vehicle to Valletta and returned it to her residence at the end of the working day. While the Commissioner did not make findings of personal misuse, the arrangement raised questions regarding the boundary between official duties and private convenience.

Information received during the investigation indicated that the drivers’ tasks also included transportation related to Muscat’s family, including school runs to private institutions in Mġarr and later Ta’ Qali. The report records these details in the context of evaluating whether the scope of duties aligned with the public purpose underlying the secondments.

The Commissioner’s analysis focused on governance and compliance rather than personal conduct. Nevertheless the description of these arrangements contributed to the conclusion that safeguards were insufficiently robust.

Governance context and public service appointments

Joyce Cassar joined the public service in 2013, the year in which the Labour Party returned to government under former Prime Minister Joseph Muscat. Four years later she was appointed Permanent Secretary, the highest rank within the Maltese civil service.

The report does not attribute the irregularities to political instruction. Instead it emphasises the responsibility of senior civil servants to ensure adherence to written policy regardless of external pressures or relationships.

The Commissioner concluded that the human resources office under Cassar’s leadership breached its own guidelines over a sustained period. He described this as a failure of governance safeguards rather than a single isolated oversight.

Absence of direct political intervention finding

While the complaint that initiated the investigation raised concerns about potential political influence, the Commissioner did not find evidence that Prime Minister Robert Abela directly intervened to secure favourable treatment for the NGOs.

The report nevertheless states that the administrative system within the OPM was manipulated over several years in a manner that accommodated the organisations’ requests. The emphasis is placed on structural weaknesses and discretionary decision making that deviated from formal policy.

By framing the findings in institutional terms the Commissioner underscored the importance of transparency, accountability and uniform application of rules across all entities interacting with government.

Recommendation for wider review

In his concluding remarks the Commissioner recommended that the National Audit Office conduct a broader examination of the secondment framework operated by the OPM. The purpose of such a review would be to determine whether the irregularities identified in this case reflect a more widespread pattern.

This recommendation signals that the issue extends beyond the circumstances of a single set of NGOs. It raises questions about oversight mechanisms, record keeping and compliance monitoring across government departments.

A review by the National Audit Office could provide an independent financial assessment and clarify whether public funds were deployed in accordance with statutory and policy requirements.

Legal and ethical considerations

The report is situated within Malta’s standards framework which seeks to ensure ethical conduct by public officials. The Standards Commissioner does not exercise criminal jurisdiction. His mandate is to assess compliance with ethical obligations and administrative norms.

The language used in the findings reflects this mandate. Terms such as breach of policy, abuse of procedure and failure of governance safeguards are employed to describe conduct that falls short of expected standards.

No judicial findings of guilt have been made. Individuals named in the report were given the opportunity to present their version of events during the investigation process. The conclusions therefore rest on documentary analysis and testimony assessed within the Commissioner’s statutory remit.

Broader implications for public administration

The case illustrates the complexity of balancing support for civil society with prudent stewardship of public resources. Secondment schemes can serve legitimate public interests by enabling NGOs to deliver social and charitable services. However such schemes require clear limits and consistent enforcement.

The Commissioner’s report highlights how flexible interpretations of policy can erode safeguards if not carefully monitored. It also underscores the responsibility of senior officials to document decisions transparently and ensure that approvals align with written regulations.

Public trust in administrative systems depends on uniform application of rules. Perceptions of preferential treatment can undermine confidence even in the absence of unlawful conduct. The findings therefore carry implications for institutional reform and internal compliance training.

Conclusion

The Standards Commissioner’s investigation into secondments within the Office of the Prime Minister presents a detailed account of administrative shortcomings linked to NGOs presided over by Michelle Muscat. While no criminal wrongdoing has been established, the report identifies sustained departures from internal policy and characterises them as serious governance failures.

At its core the case raises questions about accountability within senior levels of the civil service and the safeguards designed to protect public funds. By recommending further scrutiny from the National Audit Office the Commissioner has signalled that the issues identified may warrant broader systemic review.

For Malta’s public administration the episode serves as a reminder that procedural integrity is not a technical formality but a cornerstone of democratic governance. Transparent processes, consistent rule application and rigorous oversight remain essential to maintaining public confidence in state institutions. The long term response to the report will likely shape future standards in the management of secondments and the relationship between government and civil society organisations.

FAQs

What was the main focus of the Standards Commissioner’s investigation?
The investigation examined whether secondments of public employees to certain NGOs complied with internal policies of the Office of the Prime Minister.

Which organisations were involved in the review?
The review focused on the Marigold Foundation and the National Alliance for Rare Diseases Support which were presided over by Michelle Muscat.

Did the report find criminal wrongdoing?
The report did not make findings of criminal guilt. It identified breaches of internal policy and governance standards.

How many public employees were seconded at one point?
According to the findings up to five public employees were assigned collectively across the two NGOs during a particular period.

Was the Prime Minister found to have intervened directly?
The Commissioner did not find evidence that Prime Minister Robert Abela directly intervened in the arrangements examined.

What concerns were raised about the secondment of drivers?
The report examined whether the duties of two seconded drivers aligned strictly with public purposes given their daily routines and responsibilities.

Who initiated the complaint that led to the investigation?
The investigation was triggered by a complaint submitted by politician Arnold Cassola.

What inconsistencies were noted in testimony?
The Commissioner observed differences between statements given during interviews and documentation held within the department.

What recommendation was made at the end of the report?
The Commissioner recommended that the National Audit Office review the broader secondment framework within the Office of the Prime Minister.

Why is the case significant for public administration?
It highlights the importance of transparent procedures, equal treatment of organisations and robust safeguards in the use of public resources.