Smelling the coffee

 

extract MT freeport crane clearancesmell the coffee

Last Thursday was one of those very rare occasions when the MEPA Board, considering two different development applications submitted by the Freeport Terminal operator, decided on the one which will be beneficial to Birżebbuġa residents.

I must confess that I was surprised at this, as I am accustomed to a MEPA which thinks and acts differently. I do not know whether Thursday’s sitting was a one-off or else whether it signals that the Authority has at last realised that the quality of life of our communities should be the real focus of its endeavours. Only time will tell.

The first application was to renew an approved permit in connection with  dredging work aimed at enabling larger ships to make use of the West Quay of Terminal 1. The second application proposed the installation of larger cranes with 140-metre jibs. The cranes currently in use have 110-metre jibs.

After repeated representations from the Birżebbuġa local council, as well as Birżebbuġa residents, MEPA-weeks before Thursday’s meeting- informed the Freeport Terminal Operator that siting these large cranes along the West Quay of Terminal 1 was unacceptable due to their impact on the quality of life of  residents, a number of whom live just across the road from the Freeport Terminal boundary wall.

The management of the Freeport Terminal complied with MEPA’s instructions to relocate the 140-metre jib cranes. This, however, begged the further question as to whether or not the pending dredging work was, in fact, now required.

The MEPA Board unanimously accepted the submission from the local council that, in view of the relocation of the cranes, there was no further need for the dredging permit and this was therefore not renewed.

Regarding the second application, seeking authorisation to replace a number of existing cranes with 110-metre jibs with more modern models having 140-jibs, the local council sought an explanation as to why a proposal for the siting of a power station close by – at il-Mara Bengħajsa (with an 80-metre high chimney) in the late 1980s was shot down by the Civil Aviation authorities, who are now accepting the installation of 140-metre high jibs.

During the discussion, it transpired that the clearance issued by Transport Malta was ambiguous. In fact, Transport Malta stated that the 140-metre jib cranes “will penetrate one of the established aeronautical protection surfaces by circa 18m and although this situation is not desirable, given the importance of this facility to the economy, on exceptional basis and without prejudice to any future request it is being considered acceptable subject to the following mitigations ………………”

You have read correctly. The 140-metre jib cranes are “not desirable” yet they are “being considered acceptable” by Transport Malta due to the importance of the Freeport to the economy.

The MEPA Chairman is insisting that Transport Malta owes us an explanation. He could have added that safety should not be compromised for any reason, including “economic importance”.

In a further twist in the whole saga, the Freeport Terminal management proceeded with the installation of the new cranes without waiting for a MEPA decision on the development permit requested.

Public opinion has been repeatedly critical of MEPA for its insensitivity to the impact of developments on residents in various localities. Economic operators were afforded  sufficient protection to be able to over-ride the growing environmental concerns of our communities.

The same MEPA Board which, last Thursday, unanimously decided to refuse the renewal of a development permit to carry out dredging work had, 18 months ago, voted by a large majority in favour of changes to the Freeport’s environmental permit such that it would have been permissible to carry out repairs to ships and oil rigs at the Kalafrana Terminal.  It was only at the insistence of the Birżebbuġa Local Council that the Freeport Terminal management opted not to use the permit issued.

The question to which I seek an answer to is whether Thursday’s events signify that MEPA has awoken up from its slumber and smelled the coffee  It would indeed be commendable if it is capable of standing up to corporate (and state) arrogance.

Ending MEPA’s Rip van Winkle phase would signify that, after all, the possibility to improve the quality of life in Malta through better environment protection does exist, after all. But time is running out.

published in The Malta Independent on Sunday – 22 November 2015

Sound governance protects the environment

 

green hands

Demerger will cause institutional fragmentation.

The state’s duties are not enforceable in a Court of Law.

 

 

Protection of the environment is not achieved in proportion to the number of authorities established to deal with the environment, resources and land use planning. In fact, subject to sound governance, the number of established authorities is irrelevant.

The government has, through its election manifesto, created a storm in a teacup, raising expectations that the demerger of MEPA would result in a government locked into a green commitment. The Opposition, on the other hand, has spoken of a doomsday scenario which will be triggered by the proposed demerger.

Both are wrong as the path to a green commitment requires a political will that is not easily detectable in the House of Representatives as presently composed. The Labour government and the Nationalist Opposition have entered into other commitments intended to bolster the building development industry. Labour is currently moving along that path, whilst the Nationalists did it throughout their 26 years in government.

As a nation, we are still reeling from the devastating actions of the PN-led government which caused considerable environmental damage. Former Environment Minister Mario de Marco has recently been on record as stating that maybe too much has been sacrificed in the pursuit of economic growth. This is not simply a revival of the past, it is an exercise in trying to understand past PN issues of environmental governance that contradict all the sweet green talk of Simon Busuttil.

When the 2005 census indicated the existence of over 53,000 vacant or under-utilised residential properties, the PN-led government increased the uptake of land for development through the rationalisation exercise. It addition, it simultaneously increased the permissible height in several areas. In a number of instances, this increased from 2 to five floors. It also facilitated the construction of penthouses. This has led to an increase (as of 2011) in the number of  vacant and under-utilised residential properties to 72,000 units.

The proposed demerger of MEPA will neither address nor reverse this mess which is the PN’s environmental legacy to the nation.

Alternattiva Demokratika – The Green Party – is not in agreement with the MEPA demerger proposed by government due to the resulting institutional fragmentation. As a result, human and financial resources will be spread thin over two authorities, thereby weakening effective environmental governance. As a small country, we actually require defragmentation, as this reinforces effective environmental stewardship.

Earlier this week, I and AD’s General Secretary Ralph Cassar had a meeting with Environment Minister Leo Brincat during which we discussed AD’s views in relation to the Environment Protection Act currently pending on Parliament’s agenda.

AD noted that whilst the proposed Environment Protection administrative structures do not contain any parliamentary representation, this has been retained in the land use planning structures. In fact, in paragraph 63(2)(d) of the Development Planning Act 2015, it is provided that two MPs will sit on the Planning Board.

AD does not consider it necessary for Parliament to be present in the planning decision-taking structures. It serves no purpose to have MPs involving themselves in decisions as to which individual development permit is approved or rejected. Alternattiva Demokratika suggested to Minister Brincat that MPs have no direct role to play in operational matters regarding land use planning. It would be more appropriate if Parliament’s Standing Committee on the Environment and Development Planning is given wider powers to monitor both the Planning Authority as well as the authority dealing with the environment and resources. This would entail the availability of financial and human resources so through its Standing Committee, Parliament would be in a better position to identify, and consequently nip in the bud any irregularities or inconsistencies.

Both the Development Planning Act as well as the Environment Protection Act list the duties and principles which the state should observe to ensure “a comprehensive sustainable land use planning system” and “to protect the environment”.   However, after going into detail to explain such duties, the legislation before Parliament then proceeds to state that these “are not enforceable in a Court of Law”. This is specified in Article 4 of the Development Planning Act and in Article 5 of the Environment Protection Act.

One should state that there are similar provisions in present legislation. It is, however, high time that such provisions are removed so that it will be possible for Maltese citizens to seek redress against the state if it attempts to circumvent its duties and abdicate its responsibilities.

Last April, following a legal challenge by the environmental NGO Client Earth, the United Kingdom’s Supreme Court  squashed Her Majesty’s government’s ineffective plans to reduce illegal levels of air pollution in Britain and ordered it to deliver new ones by the end of 2015.

Similarly,  last June Courts in Holland ordered the Dutch Government to reduce its carbon emissions by at least 25 per cent within 5 years in what is being termed as the world’s first climate liability suit.

Maltese citizens deserve no less. It would therefore be appropriate if the above mentioned provisions of the Development Planning Act and the Environment Protection Act are enforceable in a Court of Law.

Another proposal made by Alternattiva Demokratika in the meeting with Minister Brincat concerns the method of selection of the board members of the  two Authorities, as well as their senior executives (CEOs and Directors). AD believes that before government proceeds to appoint such members/executives, it should seek and subsequently follow the advice of the Parliamentary Standing Committee on the Environment and Development Planning . Such advice should be given by the Parliamentary Committee after the persons nominated are examined by the Committee during a sitting held in public. This change would increase the possibility of the appointment of a higher percentage of competent people as members of the board/senior executives. It would also reduce the possibility of appointing people whose only qualification is membership in the government party.

The proposed demerger is, in my view a non-issue. Legislating to facilitate the entrenching of good governance should be the real objective. After discussing the matter with Minister Leo Brincat I believe that, even at this late hour, this is still attainable.

Published in The Malta Independent on Sunday – 16 August 2015

Sustainable development goals : beyond rhetoric

SDGs

 

In the past few months, considerable work has been carried out by the United Nations to produce a document on sustainable development goals and earlier this week it was announced that a consensus has been achieved over this document that lists 17 goals and 169 specific targets.

The final document, which is now ready for adoption, is brief but wide-ranging. It is entitled Transforming our world: The 2030 agenda for sustainable development.

Taking into account the different national realities, the 17 identified goals cover  a wide range of issues (vide box) that form the global sustainable development agenda for the next 15 years. They aim to eradicate poverty, promote prosperity and increase environmental protection – constant objectives of the international community, that are continuously aimed for but so far not achieved.

The renewed commitment to achieve these goals is welcome. However, both the goals and the specific objectives will have to take account of different national realities and capacities, while respecting national policies and priorities.

Although the document has been described as a historic achievement, in practice it is nothing of the sort. We have been there before. For the past 40 years, commitments have been made at one global meeting after another, only for the world community to come back years later with a slightly different document.

In Malta, the politics of sustainable development is generally cosmetic in nature: full of rhetoric but relatively void when it comes to substance.

Sustainable development should be primarily concerned with having a long-term view which spans generations. It seeks an inter-generational commitment, with the present generation committing  itself to ensure that future generations have sufficient elbow room to take their own decisions. Even if we limit ourselves to this basic objective of sustainable development, it is clear that such a commitment is nowhere in sight in Maltese politics.

Sifting through the rhetoric, a clear gap is very visible. Rather than being developed over the years, the rudimentary sustainable development infrastructure has been dismantled. The National Commission for Sustainable Development, through which civil society actively participated in the formulation of a National Strategy for Sustainable Development, was dismantled by the previous administration.

If the politics of sustainable development is to be of any significance, it has to be evident at the roots of society and the sustainable development strategy itelf has to be owned by civil society. In Malta, a completely different path is followed. The sustainable development strategy is owned by the state and not by civil society. Hence it is largely irrelevant and practically insignificant.

The net result of the developments in recent years has transformed sustainable development politics in Malta into another bureaucratic process, with government appointees pushing pen against paper, producing reports and no visible improvement.

There is no political will to implement a sustainable development strategy, as this runs diametrically opposite to the political decisions of the current administration, which seeks to intensify the complete domination of Malta’s natural heritage by economic forces, plundered for short term gain.

The fragmentation of environmental governance is the latest building block of this strategy which is clearly evident behind the rhetorical facade.

This is not the future we want nor the future we deserve and it is not the transformation that Malta requires.

Next September, Malta will join the community of nations at New York in approving a document which it has no intention of implementing. Behind that rhetorical facade, the farce continues.

published in The Malta Independent on Sunday – 9 August 2015

Nature provides solution

circular economy

 

 

The economy is a linear one. We extract the earth’s resources, make use of them and, subsequently, when they are beyond their useful life, we throw them away.

Clearly, the linear economy and its exponents assume that this pattern of behaviour can go on and on. However, in distinct contrast to this philosophy, the earth’s resources are limited and not infinite and consequently, a linear economy is unsustainable.

In contrast to the linear economy, the politics of sustainable development puts forward the circular economy alternative. This signifies that a product , instead of being thrown away and ending in its “grave” at the end of its useful life, gives birth to another product. This is the cradle-to-cradle philosophy, which Mother Earth has been using successfully for ages.

Nature in fact works in this manner. Take a look at any tree. At the appropriate time, it sheds its leaves, which disintegrate in the soil below. Nature does not waste the leaves shed by the tree, as they are reused and reabsorbed through the roots of the same tree as nutrients.

The circular economy is, hence, basically an imitation of nature. In environmental-speak we call this biomimicry.

Through the office of DG Environment, the European Commission, in August 2014, published a scoping study “to identify potential circular economy actions, priority sectors, material flows & value chains”.

The circular economy deals with much more than waste prevention and waste reduction. Eco-design is one particular area of action. Through eco-design the circular economy seeks to eliminate waste at the drawing board. When product ideas are still in the conceptual stage, eco-design is the tool through which such products can be planned in such a manner that they create less and less waste. This is done through subjecting the constitutive elements of the product being designed to a lifecycle assessment: that is from extraction up to end of life.

This assessment leads to the identification of all the environmental impacts of a product. Consequently the options that result in the least environmental impacts can be selected. In addition, a lifecycle assessment will also point to the best materials to be used, such that, at the end of its useful life, a product could be easily recycled.

 

In their book Cradle to Cradle: Remaking the way we make things William McDonough and Michael Braungart focus specifically on this aspect. They identify specific industrial and commercial initiatives which seek to dematerialise the economy as a result of which we end up doing more with less. The same level of service is achieved but, in the process, has substantially fewer material inputs: practical resource efficiency.

In addition to saving on material costs as well as energy, the transition from a linear to a circular economy presents numerous potential benefits. In particular, it attracts additional investment and can create thousands of jobs that realistically contribute to making the world a better place to live in.

Since last May and ending next month, the European Commission is carrying out a public consultation to be in a position to present a circular economy strategy that would be more ambitious than the that put forward by the Barroso Commission.

In the EU Roadmap for a Circular Economy strategy, the clear focus is on innovation and job creation placed within the wider EU commitment to sustainable development. The EU wants to decouple the strategy from waste management and, as a result, to factor in other policies such as competitiveness, research and innovation, environment protection, job creation and economic growth as the practical objectives of a revised circular economy strategy.

Addressing the 2015 European Circular Economy Conference last March, European Environment Commissioner Karmenu Vella emphasised that, in a circular economy, sustainability is inbuilt into the fabric of society.

I will go one further : the circular economy, if allowed to operate, will decrease the incompatibilities between the economy and nature. It will bring us closer to reality: that we live in an ecosystem which must be respected at all times and at all costs.

published in the Times of Malta : Thursday 13 July 2015

Il-karba tal-art ……….. il-karba tal-fqir

Boff. Grito da Terra    laudato_si_

L-enċiklika li ppubblika l-Papa Franġisku l-bierah m’hiex biss enċiklika ħadra. Hi fuq kollox nisġa ta’ argumenti li jispjegaw kif u għaliex il-ħsara ambjentali  u l-inġustizzja soċjali jimxu id f’id. Preċiżament l-argument ta’ Leonardo Boff għoxrin sena ilu fil-ktieb tiegħu : Il-karba tal-art, il-karba tal-fqir. [Grito da Terra, Grito dos Pobres.] [Cry of the Earth, Cry of the Poor.]

L-enċiklika hi imsejħa “Laudato Si”, l-ewwel żewġ kelmiet fl-edizzjoni Latina. Huma ukoll l-ewwel żewġ kelmiet tal-Kantiku tal-krejaturi ta’ Franġisku ieħor, ta’ Assisi, li jfissru jkun imfaħħar (il-Mulej).

Oħtna d-dinja qed issofri ħsara kbira riżultat tal-użu ħażin mill-bniedem tar-risorsi ta’ din l-art. Il-ftit ħsara ekoloġika ta’ kull wieħed minna għalkemm tista’ tidher żgħira, meta tinġabar flimkien tammonta għal ħsara ferm ikbar.

Oħtna d-dinja marida minħabba fina. Dan il-mard hu rifless fl-art, fl-ilma, fl-arja u f’kull forma ta’ ħajja fuq din l–art. Hu manifestat ukoll fil-bdil fil-klima li hi riżultat tal-ħidma tal-bniedem.

Hemm relazzjoni mill-qrib bejn il-fqar u l-fraġilità tad-dinja. Il-ħarsien tal-ambjent u l-ħarsien tal-fqar u l-vulnerabbli jimxu id f’id. Il-fqar jgħidilna Franġisku huma mċaħħda minn dak li hu essenzjali biex jgħixu b’dinjità fil-waqt li l-għonja jiffangaw. Il-qerda ekoloġika hi l-ħolqa bejn it-tnejn.

Dan kollu qed iwassal għal dejn ekoloġiku sostanzjali li hu l-wirt li ser inħallu lill-ġenerażżjonijiet futuri. Huma l-foqra li ser iħallsu dan id-dejn riżultat tar-regħba u l-ħela tar-riżorsi tad-dinja tul is-snin.

Dan hu l-messaġġ mifrux fuq il-184 paġna tal-enċiklika. Il-qerda ambjentali u l-inġustizzji soċjali huma ż-żewġ naħat tal-istess munita. Inkluż il-bdil fil-klima.

Ippubblikat  fuq iNews :  il-Ġimgħa 19 ta’ Ġunju 2015

Joseph iħobb jiċċajta ………… ħafna

Joseph Muscat ihobb jiccajta

Iktar milli jiċċajta, forsi nkun iktar korrett jekk ngħid li jħobb jipprova jgħaddi n-nies biż-żmien.

F’waħda mill-okkazjonijiet li fihom indirizza lill-istampa riċentement qal li l-budget għall-2015 hu wieħed li jħares l-ambjent!

Ħadd ma jistax jiċħad li l-budget fih numru ta’ miżuri ambjentali. Imma b’daqshekk ma jfissirx li dan hu budget ambjentali. Kulma jagħmel il-budget hu li jiġbor flimkien id-diversi miżuri li qed jippjana li  jieħu l-Gvern matul is-sena 2015. Jonqsu viżjoni koerenti ambjentali li la għandu u l-anqas jidher li jista’ jkollu fil-futur immedjat.

Il-ħarsien tal-ambjent m’huwiex biss dwar il-kostruzzjoni, imma ukoll dwar il-bijodiversita, is-sostenibilita’, l-kwalita tal-arja, il-politika dwar ir-riżorsi, il-viżjoni marittima, l-ilma, il-politika dwar il-klima, l-enerġija alternattiva, t-trasport, l-ekonomija l-ħadra, l-ekonomija l-blu, l-ekonomija ċirkulari, it-tassazzjoni ambjentali u tant affarijiet oħra.

Diskors tal-budget li ħa kważi 4 siegħat biex inqara ma sabx imqar ftit sekondi biex jispjegalna kif il-Gvern ta’ Joseph Muscat ser jimplimenta politika ta’ żvilupp sostenibbli. Mhux biss. Imma fl-estimi għall-Ministeru bl-isem twil u bombastiku okkupat minn Leo Brincat (Ministeru għall-Iżvilupp Sostenibbli, Ambjent u Tibdil fil-Klima) kullma hemm ivvutat għall-politika tal-iżvilupp sostenibbli hu għaxart elef ewro. Dikjarazzjoni onesta li tfisser biss li matul l-2015 il-Gvern ta’ Joseph Muscat m’għandu l-ħsieb li jagħmel xejn f’dan il-qasam. It-terminu Żvilupp Sostenibbli fid-diskors tal-budget jissemma darbtejn. Jissemma biss fiż-żewġ tabelli fejn hemm imniżżel l-isem tal-Ministeru ta’ Leo Brincat.

Il-politika tal-Gvern ta’ Joseph Muscat dwar l-Iżvilupp sostenibbli (jekk  teżisti) tqieset mill-Ministru Edward Scicluna bħala li m’għandiex relevanza għall-budget tal-2015

Il-politika dwar l-iżvilupp sostenibbli tinseġ flimkien il-politika ambjentali, dik ekonomika u soċjali. Meta tkun żviluppata kif imiss, il-politika dwar l-iżvilupp sostenibbli tassigura l-interessi tal-ġenerazzjonijiet futuri billi tmexxi l-quddiem l-ekonomija b’rispett sħiħ lejn l-ambjent u lejn il-bniedem. Għalhekk ngħidu li l-politika dwar l-iżvilupp sostenibbli hi mibnija fuq erba’ pilastri: l-iżvilupp ekonomiku, l-ħarsien tal-ambjent, il-ħarsien soċjali u l-politika kulturali.

Fil-ġranet li ġejjin ikolli l-opportunita’ nispjega iżjed fid-dettall kemm il-budget ippreżentat għall-2015 bl-ebda mod ma jista’ jitqies budget li jħares l-ambjent.  Minkejja li hemm miżuri individwali li huma pożittivi ma teżistix viżjoni ambjentali ċara u koerenti.

Għalhekk Joseph qed jiċċajta meta jgħid li dan hu budget ambjentali.

sd strategy budget 2015

Towards a Circular Economy

circular economy

In a recent interview EU Environment Commissioner Januz Potočnik stated that the European Union is en route to the circular economy. A step which he described as being essential in ensuring the EU’s competitiveness.

The circular economy, in contrast to the linear economy is one which respects nature and seeks to utilise the earth’s resources in a sustainable manner.

The linear economy is based on a take-make-waste model, extracting raw materials from the earth and dumping the resulting waste after use.  This is a cradle to grave path for raw materials. The EU’s waste management strategy in conjunction with its Roadmap to a Resources Efficient Europe seeks to decouple the generation of waste from economic growth thus nudging the EU towards a new path: one of green growth.

This is also the basic philosophy of the Waste Management Strategy proposed by the Environment Ministry in Malta and currently subject to public consultation.

Malta’s proposed Waste Management Strategy advocates a policy of waste minimisation, that is, we must make an effort to avoid use of resources whenever possible. In addition it then advocates recycling the waste which is generated. This is done by tackling different waste streams in a manner most appropriate to the materials used in that specific stream. 2050 is the Malta target for achieving a Zero Waste society. An achievable target only if we get down to business immediately.

Waste separation is  an essential prerequisite in order to ensure that effective recycling takes place.   As a result of recycling, the waste from a specific product or process feeds a separate process. This is the manner in which nature functions. Have you ever noted how a tree sheds its leaves? How these leaves slowly decompose and nourish the soil, micro-organisms, insects and plants and actually feed the surrounding eco-system?

We have a lot to learn from nature. Biomimicry, imitating nature, is in fact a branch of study which seeks to apply nature’s lessons to solve many modern day problems. Discarding our throwaway attitudes is one such basic lesson.

Modern manufacturing is characterised by a cradle to grave design. It is the result of a society accustomed to throw away products once their useful life ends.

Applying nature’s lessons hence signifies manufacturing products whose life cycle is no longer one which leads from the cradle (production) to their grave (disposal). Instead of being discarded at the end of its useful life a product gives birth to something else through recycling. Just like nature does when dealing with the tree’s leaves. The cradle to grave cycle needs to be transformed into a cradle to cradle cycle.

This obviously has an impact on the manner in which products are designed.  In their  book  Cradle to Cradle, remaking the way we make things, American Architect William McDonough and German Chemist Michael Braungart explain that life cycle thinking, instead of filtering out the undesirable substances and toxins in a product at the end of the manufacturing process filter them out at the beginning, that is on the drawing board.

A waste management strategy which is based on a resource management approach is linked to these long term aims. It is a long process but one which is finally rewarding.

By separating our waste we facilitate its recycling. When recycling takes place we reduce the take-up of the earth’s resources and consequently avoid using the energy required to extract more resources from the earth.

All this shifts the focus from economic growth linked to activities which harm our surroundings to economic activity which enhances them. This leads to the creation of  green jobs.  It shifts our thinking to one which links prosperity with environment protection.

Resource efficiency is at the core of Europe’s 2020 strategy. It does not only mean doing more with less, that is, being eco-efficient. It requires also being eco-effective, that is ensuring that the consideration of long term impacts features in all our decisions. That means designing the present with the future in mind.

A waste management policy based on resource efficiency is an essential tool in this respect. This is just one example. Plenty of other examples can be found in appropriate policies to manage our water resources, our land use, our heritage.

All this leads back to the circular economy which is not just a green way of organising our economy.  It is a different way of life. A way of life which is not antagonistic to our surroundings but one which is in harmony with them.

This is what sustainable development is all about. It seeks to redimension the manner we think.. Having just one Earth we must realise that we cannot have another try if we succeed in ruining the present one.  There is no Plan B.

The circular economy is an adequate tool which can set us back on track.

published in The Times, Saturday November 2, 2013

Greening the Constitution

Chadwick Lakes 02

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