Greening the Constitution

Alternattiva Demokratika – The Green Party –  is in agreement that 50 years after its adoption Malta’s Constitution needs to be updated.  However such an exercise, as emphasised in AD’s 2013 electoral manifesto, should be carried out with the direct involvement of civil society. The Constitution belongs to all of us.

There are a number of issues which require careful consideration. In AD’s 2013 electoral manifesto at least fourteen such issues are identified. They vary in scope from electoral reform to widening the issues in respect of which discrimination is prohibited, by including protection from discrimination on the basis of sexual orientation. AD also proposes the introduction of a Constitutional provision in favour of a balanced budget, thereby ensuring that government is forced to discard budget deficits and consequently to control the spiralling public debt.

One very important issue is the need to entrench environmental rights and duties in the Constitution. The proposed Constitutional Convention, supported by AD, should aim at Greening the Constitution. That is, it should aim at addressing environmental rights and duties such that they are spelled out in unequivocal terms.  Environmental rights and duties should as a minimum be spelled out as clearly as property rights in the Constitution. They are worthy of protection just as the rights of individual persons.

Article 9 of the Constitution very briefly states that “The State shall safeguard the landscape and the historical and artistic patrimony of the nation.”  Further, in article 21 of the Constitution we are informed that this (and other safeguards) “shall not be enforceable in a Court” but that this (safeguard) shall be “fundamental to the governance of the country” and that it shall be the aim of the State to apply it in making laws.

It is not conducive to good governance to first declare adherence to specifc safeguards, but then specifically excluding the Courts from ensuring that such safeguards are being observed.

The strategy of announcing principles but then not providing the legislative framework for their implementation was also taken up in environmental legislation. In fact articles 3 and 4 of the 2010 Environment and Development Planning Act  announce a whole list of sound environmental principles. However  in article 5 of the same Act it is then stated that these cannot be enforced in a Court of Law!

When I had the opportunity of discussing the Environment and Development Planning Bill with Mario de Marco (then Parliamentary Secretary responsible for Tourism and the Environment) I had proposed on behalf of the Greens that the declarations  in articles 3 and 4 of the Bill should not be just guiding principles. They ought to be made enforceable by our Courts subject to the introduction of  a suitable transition. Unfortunately Dr de Marco did not take up the Greens proposal.

As things stand today, article 3 of the Environment and Development Planning Act announces very pompously that the government,  as well as every person in Malta, has the duty to protect the environment. Furthermore it is announced that we are duty bound to assist in the taking of preventive and remedial measures to protect the environment and manage resources in a sustainable manner.

Article 4 goes further:  it  states that government is responsible towards present and future generations.  It then goes on to list ten principles which should guide government in its endeavours.  Integrating environmental concerns in decisions on socio-economic and other policies is first on the list. Addressing pollution and environmental degradation through the implementation of the polluter pays principle and the precautionary principle follows immediately after.  Cooperation with other governments and entities enshrines the maxim of “think global, act local” as Malta both affects and is affected by environmental impacts wherever they occur.  The fourth guiding principle is the need to disseminate environmental information whilst the fifth one underlines the need of research as a basic requirement of sound environment policy.  The waste management hierarchy is referred to in the sixth principle followed immediately by underlining the requirement to safeguard biological diversity and combatting all forms of pollution.  Article 4 ends by emphasising that the environment is the common heritage and common concern of mankind and underlines the need to provide incentives leading to a higher level of environmental protection.

Proclaiming guiding principles in our Constitution and environmental legislation is not enough. Our Courts should be empowered in order that they are able to ensure that these principles are actually translated into concrete action.   Government should be compelled to act on the basis of Maltese legislation as otherwise it will only act on environmental issues when and if forced to by the European Union as was evidenced in the past nine years.

Greening the Constitution by extending existing environmental provisions and ensuring that they can be implemented will certainly be one of the objectives of the Greens in the forthcoming Constitutional Convention.

published in the Times of Malta 18 May 2013

ILLUM : nuqqas ta’ spazju ?

Fil-gazzetta Illum, ippubblikata illum il-Ħadd 12 ta’ Mejju 2013 ippubblikat kummenti għal mistoqsijiet li staqsiet lil diversi persuni dwar Joseph Muscat u Simon Busuttil.

Il-mistoqsijiet kienu dawn:

1. Kif tħares lejn l-ewwel 50 jum ta’ Joseph Muscat?
2. X’taħseb fuq l-għażla ta’ Simon Busuttil?

Jiena ġejt mitlub il-kummenti tiegħi li tajthom imma ma ġewx ippubblikati kif ippreżentajthom jiena.

Ma nafx jekk hux minħabba nuqqas ta’ spazju.

For the record il-kummenti tiegħi huma dawk riprodotti hawn taħt. Il-parti bl-aħmar tħalliet barra mill-pubblikazzjoni:

Dwar l-għażla ta’ Simon Busuttil bħala Kap tal-PN:

“Huwa biss iż-żmien li jagħtina parir dwar jekk l-elezzjoni ta’ Dr Simon Busuttil bħala Kap tal-PN iġibx bidla, kif ukoll x’tip ta’ bidla, fil-PN. Il-bidliet fil-PN għadhom għaddejjin u mhux magħruf x’ser tkun il-forma finali tagħhom.

Alternattiva Demokratika m’hiex ser toqgħod tispekula dwar x’jista’ jiġri.”

Dwar l-ewwel ħamsin jum tal-Gvern immexxi minn Joseph Muscat :

Fl-ewwel ħamsin jum il-Gvern ta’ Muscat għadu qiegħed jipprova jaġixxi ta’ Gvern, diversi drabi aġixxa ta’ partit politiku. F’ ta’ l-inqas erba’ sitwazzjonijiet aġixxa b’mod diviżiv meta kellu soluzzjonijiet alternattivi li long term kienu jagħtuh riżultati aħjar.

L-ewwel: il-grad ta’ Segretarju Permanenti fil-Ministeri jeżisti biex jassigura kontinwita’ b’mod partikolari meta jkun hemm bidla tal-Gvern. It-tneħħija tal-parti l-kbira tas-Segretarji Permanenti kien żball fl-ewwel ġranet tal-Gvern li seta ġie evitat. Il-parti l-kbira minnhom kienu ser jispiċċaw xorta matul it-18-il xahar li ġejjin, bl-eta. Li stenna ftit kienu jinbidlu xorta bil-kwiet probabilment fi żmien sena.

It-tieni : id-diskors li l-Gvern ħejja għall-President tar-Repubblika kien wieħed partiġġjan u ma għamel l-ebda ġid lill-kariga.

It-tielet: inevitabilment f’dawn il-ħamsin ġurnata saru ħafna ħatriet. Kien hemm diversi minnhom li kienu ta’ natura partiġjana, fl-istess stil tal-gvernijiet immexxija mill-PN.

Ir-raba’: il-ħatra ta’ Franco Debono bħala koordinatur tal-Konvenzjoni Kostituzzjonali kienet waħda diviżiva. Tali ħatra kella issir b’konsultazzjoni mas-socjeta ċivili.

Fost il-miżuri posittivi tal-Gvern hemm il-bidu tal-implementazzjoni tal-proposti elettorali dwar id-drittijiet tal-persuni LGBT  kif ukoll il-ftehim dwar il-kawża fil-Qorti Ewropea tad-Drittijiet tal-Bniedem minn Joanne Cassar liema ftehim ser iwassal għat-dritt ta’ persuna transgender li tiżżewweġ.  AD giet mistiedna u aċċettat li tipparteċipa fil-Kumitat Konsultattiv li qed iħejji l-proposti konkreti għad-drittijiet tal-persuni LGBT. Ġew nominati u diġa qed jieħdu sehem Angele Deguara u Collette Farrugia Bennett biex jirrapprezentaw lill-AD.

Fost il-miżuri negattivi hemm l-inkoraġġiment tal-kaċċa fir-rebbiegħa  u issa jidher li l-Gvern qed jikkunsidra li jesperimenta ukoll bl-insib minkejja li din hu pprojibit mid-Direttivi tal-Unjoni Ewropea kif ukoll skada il-perjodu transitorju stabilit mit-trattat ta’ adezjoni.

Land Reclamation and the construction industry

The issue of land reclamation should be tackled in a responsible manner.

The Netherlands used land reclamation successfully to adequately manage its low-lying land. Hong Kong made use of land reclamation to create high value land required for its airport on the Chek Lak Kok island. Through land reclamation Singapore expanded its container port, an essential cornerstone in its economy.

In Malta land reclamation was used in the past to create the Freeport Terminal at Kalafrana in the limits of Birżebbuġa.

MEPA has during the recent past engaged consultants to assess the potential of land reclamation in Maltese waters.

A 2005 study was commissioned by MEPA and carried out by  Carl Bro. This study identified six relatively large coastal areas as search areas for potential land reclamation sites. The study had  recommended that these six areas, or a selection of them, be “investigated in further details in parallel with the execution of a pre-feasibility study, before a principal decision is taken on whether land reclamation is considered realistic under Maltese conditions. It is recommended that such investigations and studies be carried out by the Government prior to the involvement of the private sector in possible land reclamation projects.” (page 8 of report).

MEPA took up this proposal and commissioned ADI Associates together with Scott Wilson to carry out a detailed study on two of the identified coastal areas. These studies were finalised in 2007 and 2008 and consist of 4 volumes. The coastal areas identified and studied are those along the  Magħtab/Baħar iċ-Ċagħaq coastline and the Xgħajra/Marsaskala coastline.

These latter studies conclude with a detailed set of recommendations on more focused studies relative to environmental and economic impacts which would be necessary if land reclamation is to be further considered.

In Chapter 10 of its electoral manifesto the Labour Party is committed to utilise a programme of land reclamation as an important tool in the infrastructural development of the country.  The said electoral programme emphasises the environmental and economic sensitivity of such projects and underlines a  commitment to high standards in environmental, social, economic, land use planning and sustainable development fields.

In Parliament it has been declared that the next step would be for expressions of interest to be submitted by those proposing  projects for  development on reclaimed land. A call should be issued in the near future.

I believe that this is not the way forward.  On the basis of the studies carried out to date and such additional studies as may be required it would have been much better if government presents for public consultation a detailed draft land reclamation strategy.  Such a strategy would then be subjected to public consultation. A dialogue is required, not just with the developers but also with civil society, including most importantly with environmental NGOs.

The draft strategy would undoubtedly indicate the proposed permissible development on the reclaimed land. It would be interesting to note if the said strategy would consider the need for residential development in view of the over 70,000 vacant residential properties  on the islands. On the basis of existing and possibly additional studies the strategy would also seek to ensure that Malta’s coastline is protected much more effectively than Malta’s countryside has been to date.

All views should be carefully considered before such a strategy is finalised.

Once the strategy is finalised its environmental impacts should be carefully scrutinised  as is provided for in the Strategic Environment Assessment Directive of the EU. This Directive now has the force of law in Malta. It is only when this assessment has been finalised and the impacts identified are suitably addressed through changes in the draft strategy  itself (if required) that it would be reasonable to invite expressions of interest from interested parties.

Land reclamation is no magic solution to a construction industry which is in urgent need of restructuring. Even if land reclamation is permitted it cannot and will not offer a long term solution to an ailing construction industry which has been capable of contributing to an accumulating stockpile of vacant dwellings which are equivalent to 9 ghost towns, each the size of B’Kara.

The country would be economically and socially much better off if the construction industry is assisted in its much needed restructuring. It would undoubtedly need to shed labour which can be absorbed by other sectors of the economy. Retraining would  be required  to ease the entry of the shed labour force into other economic areas.

This  would certainly be much more beneficial and sustainable than land reclamation.

published in The Times  on 27 April 2013 under the title: Land Reclamation and Building

Id-dilemma tal-Professur Edward Scicluna

Waqt il-kampanja elettorali l-kelliema tal-Partit Nazzjonalista spiss ftaħru li l-finanzi tal-pajjiż kienu fis-sod. Kellhom ċertifikat, qalulna, mill-Unjoni Ewropeja li l-iżbilanċ finanzjarju kien taħt kontroll skond ir-regoli tal-EU (Il-Patt tat-Tkabbir u Stabilita’). B’ċertifikat li l-żbilanċ finanzjarju kien taħt it-3%, kienu repetutament jgħidulna, l-pajjiż kien finanzjarjament qabad it-triq it-tajba.

It-tweġiba ta’ Alternattiva Demorkatika dejjem kienet li aħna konna nieħdu pjaċir kieku l-finanzi tal-pajjiż kienu amministrati sewwa. Imma kollox kien jindika li l-affarijiet kienu differenti milli kienu qed jgħidu l-kelliema tal-Gvern: iċ-ċifri finanzjarja għal Diċembru 2012 kienu għadhom mhux pubblikati. Kollox kien jindika li meta dawn iċ-ċifri jkunu ippubblikati l-żbilanċ ser jerġa’ jisplodi.

Rapport  dal-għodu fl-Independent on Sunday jagħtina raġuna.

F’artiklu fl-ewwel paġna intitolat : Figures show 2012 public deficit redlining at 5.4% of GDP hu ċar li s-sena 2012 kienet sena oħra disżastruża għall-amministrazzjonji finanzjarja tal-pajjiż.

Waħda mill-kionsegwenzi loġiċi ta’ din l-aħbar hi li kienet irresponsabbilta’ għal Partit Nazzjonalista (li kellu iktar minn ħjiel ta’ din l-aħbar) li jwiegħed tnaqqis fit-taxxa tad-dħul. Alternattiva Demokratika biss qalitu dan waqt il-kampanja elettorali. Għax il-Partit Laburista ukoll ma kellux il-kuraġġ li jiffaċċa ir-realta.

U xi ngħidu għall-ħafna wegħdiet elettorali li jiswew flejjes kbar? Minn fejn ġejjin il-flus? Id-deficit li reġa’ kiber (fil-fatt kważi irdoppja) jfisser li mhux tnaqqis ta’ taxxi ser ikollna! Jew żieda ta’ taxxi inkella tnaqqis fl-infieq!

Issa?

X’ser jagħmel il-Professur Edward Scicluna l-Ministru tal-Finanzi?

Għandu l-kuraġġ jgħid li kemm il-PN kif ukoll il-PL għaddew lill-votanti biż-żmien?

Environmental Governance

Having over 70,000 vacant residential properties is a very serious matter which both the Nationalist and the Labour parties have ignored in their electoral manifestos. Rather than being ignored this fact ought to serve as the launching pad for a different way of looking at land use planning issues.

The Housing Authority in the past months has opted not to build new social housing units but instead decided to tap the stock of vacant dwellings held by the private sector. It was a very positive decision pushed forward by Minister Chris Said on taking up his Ministerial responsibilities early in 2012.

In its electoral manifesto Alternattiva Demokratika has listed a number of specific proposals which would go a long way to address the land use planning chaos which will be inherited by the government that takes office after the 9 March general elections.

As a first step Malta requires a moratorium on large scale residential development. The building industry cannot keep constructing flats and maisonettes in hundreds, adding to the stock of vacant dwellings. The number of vacant residential properties is equivalent to 9 times the size of the residential parts of B’Kara.

While the Malta Environment and Planning Authority has issued development permits, the State has, through our taxes, been paying up for the development of the infrastructure (roads, public sewer, water and electricity distribution networks………) which is underutilised. These funds could have been put to better use than to service vacant dwellings.

The boundaries of the development zone have to be rolled back. Those lands which, in August 2006, were included as land suitable for development as part of the so-called rationalisation exercise and have not yet been committed to development should return forthwith outside the development zone where they belong.

The construction industry, aided by a myopic MEPA, has made a havoc of our towns and villages through encouraging overdevelopment. In 2006, when the final decisions on most of the Local Plans were being considered,  the Government had access to the 2005 census results which determined the existence of 53,136 vacant dwellings. This was a substantial increase over the 17,413 vacant dwellings identified 10 years earlier as part of the 1995 census.

Publication of the 2011 census results on property is long overdue, but it is expected that the numbers this time will exceed the 70,000 mark substantially.

Faced with these numbers, a responsible government would never have proposed extending the development zones. The 2005 census result provided the evidence for their curtailment not for their extension. In addition to extending the development zones, the PN-led government increased the permissible building heights practically all over Malta, the end result being a further substantial increase in the number of vacant dwellings.

In addition, the height relaxation policy put in place in 2006 had another serious impact. It placed a number of dwellings in the shade of new buildings surrounding them, these being built in line with the new permissible heights. As a result, the residents in these dwellings cannot make use of solar energy. Not only the use of photovoltaic panels is out of the question but also their solar water heaters are in most cases no longer of any use!

Faced with this situation, it is political madness to propose considering the construction industry as an important and fundamental component of the economy, as the PL is proposing. The construction industry must shrink rather than expand. It must be assisted to manage its essential and unavoidable restructuring.

The construction industry can be directed towards three specific areas of activity: rehabilitation of old properties, road construction/maintenance and marine construction works. Each of these three areas of activity requires training in construction skills. Rehabilitation works require old building trades on the verge of disappearance. Roadworks, though improving in quality, still require a more skilled labourforce. We also need to take stock of our marine infrastructure which requires substantial improvement as well as regular maintenance.

The Government can assist the construction industry to change through providing training facilties for its labour force, thereby reducing the social impacts of change. Funds from the European Social Fund are available to assist in this exercise.

Land use planning should be subject to environmental governance rules. It is for this reason that AD considers it essential that rather then splitting up MEPA, the Government should go for a defragmentation, consolidating all environmental functions in one authority through the amalgamation of MEPA with the Resources Authority.

In such a consolidated authority, environmental considerations should be overriding and, in particular, land use planning should be put in its proper place: under the continuous supervision of a properly staffed Environment Directorate.

This is the basic change required in environmental governance. Placing the land use planning and the construction industry in their proper place and ensuring that environmental governance is defragmented.

published in The Times, Saturday 23rd February 2013

Snippets from AD’s electoral manifesto: (25) Nuclear issues and radioactivity

The following extract is taken verbatim from Chapter 14 of AD’s Electoral Manifesto

Nuclear Issues and Radioactivity.

As no Maltese Government has ever pronounced itself directly in favour of nuclear energy the nuclear issues which we must face are imported ones.

First on the list would be radioactive waste which is not much in quantity and being primarily generated by sites providing services using nuclear medicine such as X-Rays and radioactive treatment plants used in treating cancer patients. This is an aspect normally considered within the context of waste management policy and in view of the small quantities of waste involved this is normally exported.

The main nuclear problem which Malta must face and address is related to nuclear plants in other countries. The Mediterranean will in the near future face a proliferation of nuclear plants with Malta being transformed into a nuclear sandwich in the centre of the Mediterranean.

Following the Fukushima disaster in Japan the whole world is much more sensitive and conscious as to the negative impacts of nuclear plants. This has led our Italian neighbours to renounce nuclear energy for the second time in 25 years through a referendum. However we will now have to face the problem in our southern flank where various countries are planning to import nuclear technology from France an EU member state. It is imperative that Malta within the European Union structures emphasises that when the export of nuclear technology is carried out this has to be accompanied by a sense of responsibility and regulation through treaties as a result of which the countries receiving this technology bind themselves to the same rules applicable within the European Union.

As in other countries there is in Malta a presence of the radioactive gas radon. This is an issue which the Department of Environmental Health supervises but in respect of which little if any information is made public. Alternattiva Demokratika will endeavour to give more importance to this matter.

L-Estratt segwenti hu meħud kelma b’kelma mill-Kapitlu 14 tal-Manifest Elettorali ta’ Alternattiva Demokratika

Issues Nukleari u ta’ Radjuattivita’.

Billi s’issa l-ebda Gvern Malti ma ppronunzja ruħu direttament favur l-enerġija nukleari l-issues nukleari li rridu niffaċċjaw huma dawk importati.

Fuq quddiem nett hemm l-iskart radjuattiv (mhux ħafna fil-kwantità) u li huwa prinċipalment iġġenerat minn impjanti ta’ mediċina nukleari bħall-X-Rays u magni tar-raġġi radjuattivi użati fit-trattament tal-kanċer. Dan l-aspett huwa normalment ikkunsidrat fil-kuntest tal-politika dwar l-iskart u minħabba l-kwantità żgħira ta’ skart ġġenerata tkun teħtieġ l-esportazzjoni.

Il-problema prinċipali nukleari li trid tiffaċċja Malta hi konnessa ma’ impjanti nukleari f’pajiżi oħra. Fil-Mediterran fi ftit snin ser ikun hawn proliferazzjoni ta’ impjanti b’Malta issir qiesha sandwich nukleari f’nofs il-Mediterran.

Wara d-diżastru ta’ Fukushima fil-Ġappun, id-dinja saret iżjed sensittiva u konxja tal-impatti negattivi ta’ impjanti nukleari. Dan wassal biex il-ġirien tagħna fl-Italja permezz ta’ referendum ċaħdu l-enerġija nukleari għat-tieni darba f’25 sena. Imma issa rridu niffaċċjaw problema oħra fin-nofsinhar fejn hemm pajjiżi li qed jippjanaw l-importazzjoni tat-teknoloġija nukleari minn Franza, pajjiż membru tal-Unjoni Ewropea. Huwa importanti li Malta fl-Unjoni Ewropea tieħu posizzjoni li twassal biex mal-esportazzjoni tat-teknoloġija nukleari, meta din issir, tkun esportata ukoll ir-responsabbiltà u regolamentazzjoni fil-forma ta’ trattati li permezz tagħhom il-pajjiżi li jirċievu t-teknoġija nukleari jintrabtu mal-istess regoli applikabbli fl-Unjoni Ewropea.

Bħal diversi pajjiżi oħra Malta hawn ukoll il-preżenza tal-gass radjuattiv radon. Materja li hi sorveljata mid-Dipartiment tas-Saħħa Ambjentali imma li dwarha ftit hawn informazzjoni pubbblika. Alternattiva Demokratika timpenja ruħha li din il-materja tingħata iktar attenzjoni.

Snippets from AD’s electoral manifesto: (21) Biodiversity

The following extract is taken verbatim from Chapter 14 of AD’s Electoral Manifesto

Biodiversity.

Biodiversity is not exclusively concerned with bird protection but on our interaction with the eco-system.

Alternattiva Demokratika shall focus on the need for the complete cessation of spring hunting as well as in ensuring that Malta’s EU accession commitments on the halting of bird trapping are honoured.

It is necessary that zones identified for protection under the provisions of the EU Habitats Directive are well managed. In particular it is necessary that Il-Buskett is no longer considered and utilised as a garden. The status of Il-Buskett as a Special Area of Conservation should be respected, something which is currently ignored.

Valley protection is also necessary. This has to be done within the context of a clear and holistic plan to rehabilitate valleys in such a manner that their resident biodiversity is respected and invasive species introduced throughout the years are removed.

L-Estratt segwenti hu mehud kelma b’kelma mill-Kapitlu 14 tal-Manifest Elettorali ta’ Alternattiva Demokratika

Bijodiversità.

Il-bijodiversità mhix kif inħarsu lejn l-għasafar u l-ħarsien tagħhom biss iżda dwar l-interazzjoni tagħna mal-ekosistema.

Alternattiva Demokratika taħdem biex tkun eliminata darba għal dejjem il-kaċċa tal-għasafar fir-rebbiegħa kif ukoll biex l-obbligi li Malta assumiet bis-sħubija fl-Unjoni Ewropea li l-insib spiċċa darba għal dejjem ikun onorat.

Huwa neċessarju li jkun mħarsa sewwa iż-żoni li Malta identifikat għall-protezzjoni taħt il-provedimenti tad-Direttiva tal UE dwar il-habitats. Fost oħrajn wasal iż-żmien li l-Buskett ma jibqax meqjus bħal ġnien u ma jibqax ikun sfruttat bħala tali. L-istatus tal-Buskett ta’ Żona Speċjali ta’ Konservazzjoni huwa meħtieġ illi jiġi osservat, ħaġa li fil-preżentement mhix issir.

Huwa neċessarju ukoll illi l-widien ikunu mħarsa. Dan għandu jsir billi fil-kuntest ta’ pjan ċar u olistiku jkunu riabilitati l-widien b’mod li tkun rispettata l-bijodiversità ta’ ġo fihom u jkunu ukoll eliminati l-ispeċi invażivi li ġew introdotti tul is-snin.

Snippets from AD’s electoral manifesto: (19) Waste

The following extract is taken verbatim from Chapter 14 of AD’s Electoral Manifesto

Waste.
We encourage waste separation in localities. However we recognise that this is not enough. As a country we still lag behind and have failed to reach targets on packaging waste as well as waste generated by electrical and electronic equipment.
It is essential to address the operation of scrapyards. These process waste which is subject to at least three Directives of the EU, namely the WEEE Directive, the End of life Vehicles Directive and the Batteries Directive. The manner in which scrapyards have been permitted to operate signifies a total disregard of the principles and safeguards listed in the said Directives. The fact that after more than eight years of EU membership we are still discussing these issues signifies the low level of preparedness to shoulder environmental responsibilities resulting from EU adhesion.

L-Estratt segwenti hu mehud kelma b’kelma mill-Kapitlu 14 tal-Manifest Elettorali ta’ Alternattiva Demokratika

L-Iskart.
Ninkoraġixxu s-separazzjoni tal-iskart fil-lokalitajiet. Nirrikonoxxu iżda li dan m’huwiex biżżejjed. Għadna lura bħala pajjiż biex nilħqu l-miri Ewropej għall-iskart mill-ippakkeġġjar kif ukoll l-iskart ġenerat minn apparat elettriku u elettroniku.
Hemm bżonn b’mod ġenerali li jkun imminimizzat kull xorta ta’ skart u għal dan l-iskop hu meħtieġ li jittieħdu inizzjattivi li jgħinu f’din id-direzzjoni.
Huwa neċessarju li jiġu indirizzati r-relevanza u l-mod tal-operazzjoni tal-iscrapyards. Preżentement f’dawn l-iscrapyards jiġi pproċessat skart li huwa kontrollat taħt tal-anqas tlett Direttivi tal-Unjoni Ewropea: id-Direttiva WEEE, l-End of Life Vehicles Directive u d-Direttva dwar il-Batteriji. Il-mod kif l-iscrapyards qed jitħallew joperaw f’Malta jfisser abbandun totali tal-prinċipji u salvagwardji elenkati fl-imsemmija Direttivi. Li wara iktar minn tmien snin mis-sħubija ta’ Malta fl-Unjoni Ewropea għadna nitkellmu fuq dawn l-affarijiet ifisser kemm kienet defiċjenti it-tħejjija biex pajjiżna jerfa’ l-obbligi ambjentali li dħalna għalihom bis-sħubija.

Those unrealistic water bills

Our water bills will have to change as water in Malta is not realistically priced. The Government is aware of this yet it is not informing the public. The Labour Party on the other hand is ignoring the pointers and foolishly insisting on the unsustainable electoral promise of reducing water bills.

A realistic water pricing policy is needed to ensure proper management of water resources. This can be done by ensuring that proper subsidies are in place for the basic use of water while simultaneously penalising waste.

In terms of article 9 of the Water Framework Directive of the European Union, Malta, like all other EU member states, must have a realistic water pricing system in place. The pricing system shall take account “of the principle of recovery of the costs of water services, including environmental and resource costs…”

In a report dated November 14, 2012 in reply to Malta’s submissions on the implementation of the Water Framework Directive, the European Commission takes Malta to task on the pricing of water. The report, addressed to the European Parliament and the European Council, states that “it seems that environmental and resource costs have not been included in the cost recovery calculation”.

The price for water which the Water Services Corporation charges is limited to recovering its operational costs.

When the corporation extracts groundwater it does not pay for the water extracted. The cost of the water extracted (referred to as the resource cost) is ignored. This is obviously an incorrect practice as groundwater does have a cost which is dependent on a variety of factors. Once identified, on the basis of proper studies, this is a cost which must be added to the current charges. This is a matter which the Malta Resources Authority as the regulator should have been analysing for the past years.

In addition to the operational costs and the resource costs there are also the environmental costs which must be identified and quantified. The EU, in order to assist in the implementation of the Water Framework Directive, facilitates a Common Implementation Strategy through which Guidance documents and technical reports are produced assisting member states in coming to grips with what is expected from them to protect water resources within their territories. Guidance document No. 1, in fact, entitled Economics And The Environment, is a 274-page long technical document which explains in detail what is to be taken into consideration.

I am informed that the Malta Resources Authority, after EU accession, carried out such an exercise of identifying and costing in detail the resource and environmental costs of water. Producing these studies is part of its role as the competent authority to report to the Commission on the economics of water use as required under Article 5 of the Directive –

that the management of water resources in the Maltese Islands is on a sound footing. The authority, I am informed, also made detailed professional proposals as to the Programme of Measures required by article 11 of the Water Framework Directive. This leads me to conclude that the Government has been in receipt of sound professional advice as to what needs to be done to manage in a professional manner Malta’s water resources. Unfortunately this advice has been ignored. This is a political responsibility yet to be shouldered.

The Auditor General’s Performance Audit entitled Safeguarding Malta’s Groundwater, published in February 2012, is an eye-opener as to the measures which have not yet been implemented (fully or partially). One of the most worrying is the metering of boreholes. The MRA has not been given adequate means which would go a long way to fast-track this control on the rate of extraction of groundwater. The end result is that notwithstanding that metering of boreholes was accepted by the Government as a suitable measure very late in the day, its implementation is already two years behind schedule.

The metering of boreholes should be the first step of a process leading to a long-term objective ensuring that all boreholes are no longer operational. It should be clear to all that ground water is public property.

Even agriculture should be slowly weaned away from the use of ground water. Adequately polished treated sewage effluent would be a suitable alternative.

Water is a precious resource essential for our well-being. It is essential for the well-being of our families, for our agriculture, for our manufacturing industry as well as for tourism. Notwithstanding its being a basic requirement for practically all our activities, it has been mismanaged for a very long time. Successive governments have ignored its mishandling.

Water has been considered as a freebie for far too long. It is now time to pay for past mistakes. If we take longer to realise this fact the environmental bills will be insurmountable. Hence it is irresponsible for the Labour Party to promise a reduction of water bills.

originally published in The Times, December 22, 2012

Within limits

The EU Commission has just published a draft of its Seventh Environmental Action Programme (7th EAP) covering up to 2020 which draft is entitled “Living well, within the limits of our planet”.

The draft which is open for public consultation aims “to step up the contribution of environment policy to the transition towards a resource-efficient, low-carbon economy in which natural capital is protected and enhanced, and the health and well-being of citizens is safeguarded.”

It is a programme which is based on the principle of subsidiarity meaning that decisions and action are to be taken as close as possible to those impacted. Some at the level of Member States, others at an EU level.

This draft EAP is based on three basic principles, namely: the polluter pays principle, the precautionary principle and the principle of rectification of pollution at source.

Its objectives are nine in number and include the protection of natural capital, resource efficiency, the attainment of a competitive low-carbon econony, enhancing the sustainability of the EU’s cities and  increasing the EU’s effectiveness in confronting regional and global environmental challenges.

Launching the draft EAP Environment Commissioner Janez Potočnik said: “The new Action Programme sets out the path for Europe to become a place where people live in a safe and healthy natural environment, where economic progress is based on a sustainable, green economy and where ecological resilience has been achieved.”

Climate Action Commissioner Connie Hedegaard said: “We cannot wait until the economic crisis is over before we tackle the resources, environmental and climate crises. We must address all these at the same time and so include climate and environmental concerns into all our policies. This strategy gives businesses and politicians the long-term view we very much need for making the transition to a sustainable, low-carbon society in Europe.”

The basic message and direction of the 7th EAP are contained in its title: ensuring an adequate standard of living (living well) but at the same time being conscious that there are limits to the resources available.

All our actions must be within “the limits of our planet”.  As I have repeatedly stated on this blog, examining our policies in Malta will reveal that we are still off target in many areas.  An environmental consciousness is developing at at fast rate, but unfortunately this is not matched with appropriate government action.

originally published at di-ve.com on 7 December 2012