Permanent Secretary breaches law to hide consultancy contracts

The education ministry’s permanent secretary, Matthew Vella, has been found to have breached the Freedom of Information Act (FOI) after attempting to delay and withhold details of consultancy contracts linked to a state authority.

Vella was formally rebuked by the Information and Data Protection Commissioner (IDPC) for deliberately obstructing an FOI request by The Shift seeking copies of consultancy contracts issued over the past three years by the Sports Integrity Authority, (AIMS), which falls under his remit.

The ruling followed a request by The Shift, which sought access to the contracts after receiving information alleging widespread abuse and mismanagement within the authority.

Despite being aware of the contracts, the commissioner found that Vella repeatedly delayed responding to the request and ultimately submitted an affidavit claiming that his ministry did not hold the documents.

The IDPC rejected this assertion, concluding that the Permanent Secretary had acted in breach of the FOI Act and criticising what it described as a lack of professionalism and disregard for legal obligations.

The commissioner ordered Vella to ensure that AIMS provide the requested documentation without further delay.

In its decision, the IDPC highlighted inconsistencies in Vella’s sworn affidavit, noting that he had contradicted himself while attempting to distance the ministry from responsibility for records held by an authority under his oversight.

The dispute dates back to March, when The Shift submitted its request amid broader concerns about the government’s approach to transparency. Since taking office, Prime Minister Robert Abela has curtailed the publication of information relating to consultants and advisers engaged by ministers and state agencies, and such details have also been withheld from parliamentary scrutiny.

In response to the FOI request, Vella initially sought to postpone a decision and asked The Shift to provide the names of the consultants – information that is not publicly available and which the ministry itself has declined to disclose.

According to information obtained by The Shift, AIMS has in recent years issued a series of consultancy contracts funded by public money, allegedly benefiting acquaintances of its chair, former judge Antonio Mizzi, and individuals recommended by Education Minister Clifton Grima.

AIMS has long faced accusations of mismanagement.

Ryan Borg, a senior official at the authority and former chief of staff to Minister Grima, has publicly accused the minister of incompetence, claiming he lacked awareness of events within his own ministry.

The authority has also seen rapid turnover at the senior level.

It has appointed multiple chief executives since its creation, most recently naming Kevin Azzopardi, former general secretary of the Malta Olympic Committee, in an effort to stabilise operations and address longstanding governance concerns.