Sens komun: fil-Mosta u f’Marsaxlokk

 

 

Matul dawn l-aħħar ġranet, Alternattiva Demokratika kienet qed tikkampanja kontra żvilupp massiċċ li ġie propost kemm fil-Mosta kif ukoll f’Marsaxlokk.  Din hi kampanja li ilha li bdiet ħdax-il sena, u tibqa’ għaddejja,  kontra t-tkabbir taż-żona żviluppabbli proposta minn George Pullicino, dakinnhar Ministru responsabbli għall-ambjent u l-ippjanar għall-użu tal-art.

Nhar il-Ġimgħa, f’Marsaxlokk, kien ta’ sodisfazzjoni li s-Sindku Horace Gauci, elett f’isem il-Partit Laburista, ingħaqad magħna ta’ Alternattiva Demokratika waqt konferenza stampa b’appoġġ għar-residenti Tal-Marnisi Marsaxlokk.

Hi kampanja biex is-sens komun favur l-ambjent jipprevali fuq id-deċiżjoni li kien ħa l-Parlament fl-2006 meta l-Gvern immexxi mill-PN mexxa ‘l-quddiem proposta biex żewġ miljun metru kwadru ta’ art li kienu barra miż-żona ta’ żvilupp, ma jibqgħux iktar ODZ u minn dakinnhar jibdew jiffurmaw parti miż-żona ta’ żvilupp. Dan sar mingħajr ma ġew eżaminati l-impatti ta’ deċiżjoni bħal din, lejliet li kellha tidħol fis-seħħ id-Direttiva tal-Unjoni Ewropeja dwar il-kejl tal-impatti strateġiċi ambjentali. Li ma sarx dan l-kejl, ifisser li l-impatti kumulattivi tal-iżvilupp li kien qed ikun propost kienu kompletament injorati.

Nhar it-Tnejn 20 ta’ Marzu l-Kumitat Eżekuttiv tal-Awtoritá tal-Ippjanar ħa żewġ deċiżjonijiet kontrastanti dwar żewġ meded kbar ta’ art. Dwar l-ewwel waħda, art agrikola fil-Mosta tal-qies ta’ 38500 metru kwadru l-proposta bi pjan ta’ żvilupp kienet rifjutata filwaqt li dwar it-tieni waħda ukoll primarjament agrikola u b’qies ta’ 17,530 metru kwadru, l-propost pjan ta’ żvilupp kien approvat.

Fiż-żewġ każi ma sar l-ebda eżami tal-impatti soċjali, ekonomiċi u ambjentali u dan billi l-professjonisti tal-ippjanar li taw il-parir lill-Kumitat Eżekuttiv tal-Awtoritá tal-Ippjanar kienu tal-fehma li d-deċiżjoni tal-2006 tal-Parlament kienet kemm ċara kif ukoll finali. Sfortunatament ma dehrilhomx meħtieġ li jeżaminhaw dan minn lenti kritika.

Fl-2006, il-Parlament kien iddeċieda li dawn iż-żewġ miljun metru kwadru ta’ art ma kellhomx iktar ikunu meqjusa bħala barra miż-żona tal-iżvilupp (ODZ). Il-grupp parlamentari tal-PN kien ivvota favur din il-proposta, u dan jispjega l-għaliex dak li taparsi kkonverta favur l-ambjent, Simon Busuttil, għadu ma fetaħx ħalqu dwar dan kollu.  Imma l-Partit Laburista, dakinnhar fl-Opposizzjoni ma kienx qabel u kien ivvota kontra li din l-art tkun tista’ tingħata għall-iżvilupp. Għalhekk Joseph Muscat bħalissa qiegħed f’posizzjoni imbarazzanti.

Il-Partit Laburista għadu tal-istess fehma, jew bidel il-ħsieb? Għax issa waslet is-siegħa tal-prova. X’ser jagħmel? Għax anke jekk ikun meqjus li d-deċiżjoni tal-Parlament tal-2006 titfa’ ċerti obbligi fuq il-Gvern u fuq l-Awtoritá tal-Ippjanar, xorta hu possibli li l-impatt tal-iżvilupp massiv li ġie propost ikun imtaffi.

Id-deċiżjoni tal-20 ta’ Marzu tal-Kumitat Eżekuttiv tal- Awtoritá tal-Ippjanar li biha l-applikazzjoni dwar l-art fil-Mosta kienet rifjutat hu l-mod kif għandhom isiru l-affarijiet. Hi deċiżjoni li s-Segretarju Parlamentari Deborah Schembri għandha żżomm quddiem għajnejha meta l-każ ta’ Marsaxlokk jiġi quddiema biex tikkunsidra jekk tagħtix l-approvazzjoni tagħha. Jiena naħseb li s-Segretarju Parlamentari Schembri għandha tibgħat il-każ ta’ Marsaxlokk lura quddiem l- Awtoritá tal-Ippjanar biex ikun ikkunsidrat mill-ġdid.

Żvilupp massiv ta’ din ix-xorta m’għandux ikun possibli meta hawn tant propjetajiet residenzjali vojta. Anke f’Marsaxlokk stess l-aħħar ċensiment, dak tal-2011, juri li 18.7% tar-residenzi huma battala filwaqt li 5.9% tagħhom jintużaw biss kultant. Nistgħu nibqgħu nibnu bil-goff meta għandna din il-kwantitá ta’ propjetá vojta?

Għandna bżonn ftit sens komun fl-ippjanar ta’ l-użu ta’ l-art. Sens komun li jagħti piz u konsiderazzjoni tal-impatti fuq il-komunitá kollha qabel ma jittieħdu deċiżjoniiet bħal dawn.

Fiż-żewġ każi, l-Mosta u Marsaxlokk, qed nitkellmu dwar raba’ li kienet tinħadem u li issa intelqet minħabba l-pressjoni kkawżata mill-iżvilupp. Dan hu process li jeħtieġ li nwaqqfuh minnufih. Illum qabel għada.

 

ippubblikat f’ Illum –  2 t’April 2017

Green sense is common sense

 

In the last few days Alternattiva Demokratika-the Green Party- has been campaigning against over-development at both Mosta and Marsaxlokk. It is the renewal of an everlasting campaign, started 11 years ago against the increase in the development zone piloted by former Environment and Land Use Planning Minister George Pullicino.

In Marsaxlokk last Friday we were joined by Labour Mayor Horace Gauci who arrived at, and addressed an AD press conference in support of the residents of Il-Marnisi, Marsaxlokk, in view of the impact of the rationalisation exercise in the area.

It is a campaign to see green sense prevail over the rationalisation exercise, as a result of which, in 2006 on the proposal of a PN-led government, Parliament included around two million square metres of land within the development zone overnight. This was done without a strategic environment assessment having been carried out to examine the proposals. It was on the eve of the coming into force of the Strategic Environment Assessment EU Directive which, just days later, would have made such an assessment compulsory. Not carrying out such an assessment signifies that the cumulative impacts of development were ignored by not being factored into the decision-taking process.

On 20 March, the Planning Authority Executive Committee took two contrasting decisions in respect of two large tracts of land. Regarding the first – 38,500 square metres of agricultural land at Mosta –  the scheme for a development proposal was turned down, while in respect of the second – 17,530 square metres of largely agricultural land in Marsaxlokk – the proposal for development was approved.

In neither case was any assessment of the social, economic and environmental impact carried out, as the professional land-use planners advising the Executive Committee of the Planning Authority consider that Parliament’s decision in 2006 was definite and any assessment unnecessary. Unfortunately they did not think it appropriate to examine the matters before them critically.

In 2006, Parliament had decided that this two million square metre area of land, formerly considered as ODZ land, was henceforth to be part of the development zone. The PN Parliamentary group had  voted in favour of this proposal, which is why the pseudo-environmental convert Simon Busuttil is completely silent on the issue. However, the Labour Party Opposition voted against the proposal, thus placing Joseph Muscat in an awkward position today.

Has the Labour Party changed its views? The chickens are now coming home to roost.

When push comes to shove, and notwithstanding the PN mantra that “ODZ is ODZ”, the PN always seeks to consent to ODZ development, as long as such development is given the go-ahead when it is in the driving seat!

But what about the Labour Party today? Even if it factors in the views of those who maintain that the 2006 decision ties its hands, it can certainly take mitigation measures that would substantially reduce the negative impact of the 2006 parliamentary decision which favours such massive over-development.

The decision of the Executive Committee of the Planning Authority on the 20 March to reject the proposal for the development of the tract of land in Mosta is the way forward. It should be taken on board by Parliamentary Secretary for land use planning Deborah Schembri when the Marsaxlokk case is placed on her desk for her consideration. I respectfully ask Ms Schembri to request the Planning Authority to reconsider its decision and hence send it back to the drawing board.

The proposed reconsideration should be undertaken primarily because such massive development is not required: it is not necessary to sacrifice so much agricultural land. (I am informed that on the site there is also a small stretch of garigue with a number of interesting botanical specimens.) The results of the 2011 Census indicated that 18.7 per cent of Marsaxlokk’s housing stock was then vacant and 5.9 per cent of it only in occasional use.  Why should we keep adding to the vacant housing stock through proposals for massive development projects?

We need some green sense in the planning of land-use. We need some common sense in considering the impact on the whole community before far-reaching decisions are taken.  In both cases mentioned above, the land that has been the subject of proposed  development schemes is agricultural land that has fallen into disuse as a result of development pressures. This process should be reversed forthwith, and the sooner the better: it is only common sense.

published in The Malta Independent on Sunday – 2 April 2017

Simon Busuttil u Bunga Bunga Berlusconi

 

 

Il-Kungress tal-Partit Popolari Ewropew li l-PN organizza fMalta ġieb xi karattri li jċajpru ftit il-messaġġ li qed jipprova jwassal il-PN li wara kollox huwa abjad iktar mis-silġ.

Bunga Bunga Berlusconi iktar kont nistħajjel li ġej għal xi summit ma Chris Cardona milli għall-kungress tal-PPE. Dan apparti l-esperjenza tiegħu fl-evażjoni tat-taxxa! 

Ovvjament, il-PN dejjem kien jaf jagħżilhom lill-ħbieb tiegħu!

For sale : access to the decision-taking process

 

 

The Lowenbrau saga has raised another issue as to the extent that revolving door recruitment should be regulated. By revolving door recruitment I am referring to the movement from government service to private sector lobbying and vice-versa of holders of political office as well as of senior civil servants. As a result of such recruitment, an investment is being made in the access to the decision-taking process which is purchased or offered for sale.

Last Sunday, The Malta Independent on Sunday understandably raised the issue with reference to former Minister John Dalli in the article Revolving doors: John Dalli denies conflict of interest in Lowenbrau deal  (TMIS 22 January). However, the issue is much wider. It is a matter which is of concern in respect of the manner of operation of lobbying which in this country is largely unregulated. It has already happened not just in Mr Dalli’s recruitment with the Marsovin Group but also when the Corinthia Group recruited both Mr Dalli as well as current EU Commissioner Karmenu Vella.

It concerns both holders of political office as well as senior civil servants, including senior officers of authorities exercising executive authority.

There is much to learn from foreign jurisdictions as to the manner in which such recruitment should be regulated. A recent example which made the international headlines was the recruitment by Goldman Sachs of Josè Manuel Barroso, former President of the European Commission.  An ethics panel had described Mr Barroso’s behaviour as morally reprehensible even though it concluded that he was not in breach of the EU Integrity code.

Corporate Europe Observatory had then commented that the Barroso recruitment had “catapulted the EU’s revolving door problem onto the political agenda, causing widespread jaw-dropping and reactions of disbelief, making it a symbol of excessive corporate influence at the highest levels of the EU.”  Corporate Europe Observatory had also referred to the recruitment of other former European Commissioners by various corporations and emphasised that it is hard to avoid the conclusion that as a result of this behaviour European politicians are seen to be acting for private interests over the public interest.

This is the real significance of revolving door recruitment:  it needs to be ascertained that the potential abuse by holders of political office of milking public office for private gain is regulated. It is not just another layer of regulation or unnecessary bureaucracy.

The issue is however more complex than the recruitment of holders of political office at the end of their political appointment. It is also of relevance even when such holders of political office are appointed to such office from the private sector as can be ascertained through the current hearings by the US Senate of the Trump administration nominees. It is also applicable to senior civil servants from the wider public sector.

Parliament is currently debating a Standards in Public Life Bill, which at this point in time is pending examination at Committee stage. Unfortunately, revolving door recruitment as well as lobbying have not been considered by the legislator!   Revolving door recruitment is an exercise in selling and purchasing access to the decision-taking process. It is high time that it is placed under a continuous spotlight.

published in The Malta Independent: Wednesday 25 January 2017

Revolving doors: John Dalli and beyond

 

 

The Lowenbrau saga is developing further, much beyond its original obvious intent. The new twist is whether, and to what extent, the use of revolving doors by politicians as soon as their political office draws to an end is permissible.

The use of revolving doors is a reference to the practice of some politicians to join the Board of Directors or team of advisors of business/industry in an area which they would have been responsible for regulating when in office.

The practice in the EU and some other countries is to postpone the possible entry of former Commissioners (holders of political office) in the areas they previously regulated by three years. This signifies that former Commissioners (or Ministers) are forbidden (unless they obtain prior clearance) from joining Boards of Directors and/or organisations  of lobbyists for a number of years.  A case in point was the recent Barroso appointment to the Goldman Sachs Board which whilst being considered as being morally reprehensible was not deemed to be a breach of the EU integrity code.  

As far as I am aware, the Standards in Public Life Bill currently pending before Malta’s Parliament does not address the issue. The issues to be addressed are various. Primarily, however, it is urgent to establish a cooling-off length of time during which time persons active in public life should not take up posts in the private sector in order to ensure the observance of an ethical benchmark.

John Dallis taking up the post of Chairman of Marsovin is only one example. There are various others amongst which the posts which John Dalli himself as well as Karmenu Vella (present Commissioner and former Minister for Tourism) had taken up with the Corinthia Group in the past.

In fairness the applicability of such an ethical standard should also be considered for top civil servants, who should approach the use of revolving doors with extreme caution.  

The farce continues

gas at Marsaxlokk

Tomorrow, the Environment and Resources Authority will meet in public to consider the approval of an amendment to the IPPC permit regulating the operations of the power station at Delimara. It is an amendment to an already existing permit as a result of which a definite decision concerning the switch-over to gas-operated turbines will be taken.

The Environment and Resources Authority has been in operation for some months – since February – but this will be the first time it will be possible to observe it in action in a public session.

Last Thursday the Authority, through its secretary to the ‘Environmental permitting-Development Control Commission’ informed those who had taken part in the public consultation that a 71-page document containing responses to feedback received during the public consultation was available online at http://era.org.mt/en/Pages/IPPC-Public-Consultation.aspx.

We are now accustomed to having important information being made available (if at all) at a very late hour and at a time when most people interested in the Delimara public debate are preparing for a well-earned Christmas break.

The document made available last Thursday afternoon, just one working day before the public hearing, is the only document containing the views of the Authority on the subject, even though these views are mostly expressed telegraphically. At the time of writing, I am not aware of the recommendation which the Environment Directorate has submitted for the consideration of the Board of the Authority, that is whether and to what extent it is satisfied with the documentation submitted for its consideration.

The said documentation runs to over 15,000 pages spread into around 300 files of different sizes which could not be adequately examined during the short time available for public consultation, even though this was slightly extended.

Public opinion is not worried about the change to LNG in the operation of the power station. It is, however, still worried about issues of safety. These worries are compounded by the fact that a document prepared by the Civil Protection Department regarding the External Emergency Plan for the Delimara Power Station has been partly excluded from the public consultation exercise. As already stated in a previous article (TMIS, 27 November: A Secret Plan for Delimara) this runs counter to the provisions of the Seveso III Directive of the European Union which has been transposed into the Maltese Statute book through the Control of Major Hazard Regulations of 2015 which provides that: “The Civil Protection Department shall ensure that the public concerned is given early opportunity to give its opinion on external emergency plans when they are being established or substantially modified.”

The Civil Protection Department is failing in its duty to consult. However, by failing to act on the Civil Protection Department’s dereliction of duty, the Environment and Resources Authority, as the ultimate regulator on the matter, is transforming this failure into an abusive exercise of its authority.

How is it possible to voice your opinion on a document that is still shrouded in secrecy?

This is only possible if what should be public consultation is transformed into a farce. The farce continues tomorrow – Monday.

published in The Malta Independent on Sunday – 18 December 2016

Tax avoidance: does Malta play a role?

basf-malta

On 30 August, the European Union, through Competition Commissioner Margrethe Vestager, ordered Apple Corporation to pay €13 billion in unpaid taxes to the Irish state.  The EU ruling considered that the special tax treatment of Apple, whose tax bill was substantially reduced, amounted to unlawful state aid.

In November 2014, through Luxleaks, we learnt of tax avoidance schemes in Luxembourg and elsewhere, as a result of which billions of euros in tax were being avoided by multinational corporations.

The EU has subsequently launched various investigations into the favourable tax treatment which Luxembourg, The Netherlands and Belgium have granted to various multinationals.

As a contribution to the on-going debate on tax avoidance in the EU, the Green Group in the European Parliament has recently published a study on the tax avoidance strategies adopted by the industrial giant BASF, the largest chemical company in the world.

Founded in 1865, BASF has its headquarters in Ludwigshafen, Germany, from where it manages a €70.4 billion turnover with production sites in 80 countries.

Malta features in this report together with Belgium, the Netherlands and Switzerland.

Over the years, BASF has used mismatches in national tax systems in order to avoid paying its taxes. It is estimated that, over a five-year period spanning 2010 to 2014, BASF avoided the payment of close to one billion euros in taxes.

Chapter VIII of the report, published by the Green Group in the European Parliament, deals with Malta. It refers to the existence of a BASF subsidiary in Malta which held €5.07 billion in assets. These assets where transferred to a new German subsidiary, BASF Finance Malta GMBH, which was managed from an office in St Julian’s, thereby creating the eligibility for preferential tax treatment which could amount to as much as a refund of six-sevenths of all tax payable in Malta.

All this is a clearly planned movement of profits through generous loopholes as a way of avoiding most of, if not all, of the taxation which would be due under normal circumstances.

This abuse of the differences in national tax systems needs to be addressed urgently. As rightly stated by Malta’s Finance Minister Edward Scicluna at a Luxembourg ECOFIN meeting last September, the way forward lies in coordination at an EU level and not in the harmonisation of the national taxation systems, as some EU member states are insisting.

Tax competition has a role to play as an important tool that small and peripheral countries in the EU have at their disposal. No one should expect these countries to throw away the small advantage they have, but it should be clear that this should be used responsibly and in no way should it buttress the urge of multinationals to circumvent the national taxation system where their profits are generated.

Profits should be taxed where they are actually generated and not elsewhere. The EU needs to end – once and for all – not only tax evasion but also tax avoidance resulting from loopholes in national tax rules. For this to happen, the member states must not only be vigilant, but must also refrain from encouraging tax avoidance through the creation of more loopholes.

Tackling tax evasion and tax avoidance seriously will mean that taxes are paid where they are due, thereby funding the services and infrastructure that is required in a modern, civilised society. This can only happen if more companies pay their dues. Tax competition need not be a race to the bottom.

published in The Malta Independent on Sunday – 4 December 2016

A Secret Plan for Delimara

external-emergency-plan-censored

The Seveso Directive of the European Union is a legal instrument originally enacted in 1982. Subsequently amended, the present version was enacted in 2012 and is referred to as the Seveso III Directive.

Its full name is “Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC”. It has also been transposed into Maltese legislation through the Control of Major Accident Hazard Regulations 2015.

As the technical name implies, the Seveso III Directive seeks to regulate sites which have the potential for major industrial accidents. It seeks to achieve its aim primarily through prevention but also by planning to minimise the impact of accidents which may occur on such sites.

The Directive was originally enacted as a result of the industrial accident in the Italian town of Seveso in 1976, when toxic fumes emitted from a chemical plant contaminated the surrounding residential area. It aims to improve the safety of such sites, both the safety of the employees working in such sites and the safety of residents, and the commercial communities, in the area.

One such site is the Delimara power station. This site has to follow the rules set out in the Seveso III Directive and in the Maltese regulations which transpose it into Maltese law.

Through these regulations, the Civil Protection Department is responsible for prepare emergency plans to be applied in the event of an accident.  There has to be an internal plan, one that applies to the industrial plant itself, and an external emergency plan, that applies beyond the boundaries of the plant.

The internal emergency plan is drawn up in conjunction with the management of the plant and discussed with the staff. Members of staff are undoubtedly trained not just in the correct running of the plant but also with regard to the protocol they should follow if there is an accident.

The external emergency plan concerns residents and business in the vicinity of the industrial plant. The Seveso III Directive requires that such a plan be subject to public consultation. In fact, regulation 10(5) of the Control of Major Hazard Regulations 2015 states  “The Civil Protection Department shall ensure that the public concerned is given early opportunity to give its opinion on external emergency plans when they are being established or substantially modified.”

Today is, in fact, the closing day for a public consultation exercise organised by the Environment and Resources Authority in respect of the Delimara Power Station. Among the documents which the Authority published for consultation one finds a report entitled External Emergency Plan prepared by the Civil Protection Department. However, the report made available is only part of the full report as the most important part – the part on operational issues – is missing. The available partial-report makes interesting reading, but  we are informed that the censored part has been removed as its availability would be “a threat to national security”.

Those running the Department of Civil Protection are maybe not aware that they have the duty to inform and that in this day and age they have no authority to act as a big brother. The public has the right to be informed and this right is the prerequisite for its active involvement in the formulation and eventual approval of the external emergency plan.

In a democratic society the right of the public to be informed is a basic element of good governance. By opting for secrecy, the Department of Civil Protection has chosen to take a completely different path – one that ignores the citizen and his right to participate in meaningful actions and decisions.

published in The Malta Independent on Sunday : 27 November 2016

Konsultazzjoni pubblika farsa

cpd-external-emergency-plan

Bdiet il-konsultazzjoni pubblika dwar il-permess operazzjonali tal-power station f’Delimara. Dan il-permess huwa magħruf bħala IPPC permit. Dan għax ikun ipproċessat skond dak li tistabilixxi d-Direttiva tal-Unjoni Ewropeja imsejħa Integrated Pollution Prevention and Control (IPPC).

Bħala parti minn dan il-proċess, ħarġu għall-informazzjoni ta’ kulħadd, 293 rapport ta’ qisien li jvarjaw. Uħud qosra u oħajn donnhom ma jispiċċaw qatt għax fihom mijiet ta’ paġni. Uħud b’linġwaġġ li jinftiehem malajr u oħrajn li trid iddum tomgħod biex tifhem.

Il-konsultazzjoni pubblika oriġinalment kienet intenzjonata li ddum 30 ġurnata, il-minimu meħtieġ skond il-liġi. Wara diversi protesti, dan il-perjodu żdied għal 40 ġurnata. Dan xorta m’huwiex biżżejjed, għax is-sens komun jgħidlek li l-perjodu ta’ konsultazzjoni għandu jkun twil skont kemm hemm informazzjoni xi tkun ikkunsidrata.

Meta t-tul ta’ żmien għall-konsultazzjoni pubblika ma jkunx proporzjonat mal-kwantità ta’ informazzjoni li teħtieġ illi tkun eżaminata, ma nistgħux ngħidu li din il-konsultazzjoni tkun qed issir bis-serjetà. Tkun qed issir għax bil-fors biex tonora l-kelma tal-liġi. Tkun konsultazzjoni taparsi.

Din hi s-sitwazzjoni li qed niffaċċjaw fil-każ tal-konsultazzjoni pubblika dwar l-impjant tal-power station ta’ Delimara. Ir-rapporti ppubblikati, fil-parti l-kbira tagħhom jeħtieġu li jkunu eżaminati bir-reqqa biex inkunu nistgħu nifhmu dak li qiegħed ikun propost fihom. Fil-parti l-kbira tal-każi, l-Awtorità tal-Ambjent u r-Riżorsi ilha x-xhur fil-pussess ta’ dawn ir-rapporti, inkluż uħud li forsi dehrilha li kellha tordna li jsirulhom xi tibdil jew inkella li kellhom jinkludu spjegazzjonijiet addizzjonali. L-awtorità taf kemm jirrikjedu żmien biex ikunu eżaminati dawn ir-rapporti, għax l-uffiċjali tagħha ilhom ix-xhur jeżaminawhom!

Hemm eċċezzjoni waħda għal dan kollu. Ir-rapport intitolat External Emergency Plan imħejji mid-Dipartiment tal-Protezzjoni Ċivili għandu parti minnu nieqsa. Fil-paġna 21 ta’ dan ir-rapport hemm it-titlu tas-sezzjoni : Section B Operational. Imbagħad fil-paġna immedjatament warajha hemm nota li tinfurmana illi l-kumplament tas-sezzjoni hi nieqsa minħabba illi kieku din l-informazzjoni kellha tkun ippubblikata, din il-pubblikazzjoni tkun ta’ theddida għas-siġurtà nazzjonali.

Din hi farsa. Hi nuqqas kbir ta’ serjetà. L-ewwel jimlewna bir-rapporti u ma jagħtuniex ħin biżżejjed biex naqrawhom, biex  mbagħad dwar dan ir-rapport jiċċensuraw ukoll il-kontenut.

Għalfejn poġġew dan ir-rapport għad-diskussjoni jekk il-parti l-iktar essenzjali għad-diskussjoni tneħħiet? F’soċjetà demokratika dan m’huwiex aċċettabbli. Bla ebda dubju hemm mod kif ikun possibli li tingħata informazzjoni biżżejjed u tkun tista’ issir konsultazzjoni pubblika bis-serjetà mingħajr ma issir ħsara lis-sigurtà nazzjonali.

Irridu naraw kif ser jiżviluppaw l-affarijiet għax huwa  meħtieġ serjetà  ħafna iktar minn hekk jekk irridu li l-konsultazzjoni pubblika ma tkunx farsa.

Ippubblikat fuq l-Illum : 30 t’Ottubru 2016

A farce in the making

external-emergency-plan-censored

 

Public consultation on the Delimara operational permit has commenced. This permit has to be issued in terms of the provisions of the EU Directive  on Integrated Pollution Prevention and Control (IPPC).

Feeding this public consultation exercise, last week the Environment and Resources Authority released 293 reports detailing information on different aspects of the Delimara power station. These reports are available on the authority’s website as well as at the offices of Marsaxlokk and Birżebbuġa local councils. They run into thousands of pages – varying from those which are very short to others which are substantial in length.

Originally, the public consultation exercise was planned to last 30 days – the minimum time  established by law. After a number of protests, this was increased to 40 days, which is still too short,  given the substantial amount of information that must be digested and analysed. Common sense should have dictated a much longer consultation period as the lack of sufficient time to examine the information released will bring into question the validity of the whole exercise.

The  reports require considerable time to be examined in order that their contents are understood in their proper perspective. Most of these reports were submitted to the Environment and Resources Authority many months ago and in the intervening period have been examined by officials of the Authority, who, in a number of cases, requested amendments or additions. These changes were identified by the Authority’s officers as a result of their examination of the said reports over a number of months.

It stands to reason that the Environment and Resources Authority is, on the basis of its own work,  fully aware that the real time required for  this public consultation would be in the region of four months and that anything less is insufficient.

There is, however, one exception. The report entitled “External Emergency Plan” drawn up by the Civil Protection Department, has been censored. A whole section has been removed and, as such, is not being subjected to the current public consultation exercise. Page 21 of the report contains the tile of the section : Section B Operational. On the following page we then have a note which informs us that “Information in the Operational Section (Section B) of this document is being withheld from publication on grounds on national security”.

This is a farce. The most important part of the document that requires dissemination and feedback has been withheld. This report should have been placed in the public domain in its entirety, as it is essential for those members of the public who are interested (or preoccupied) on the issue as they live too close for comfort to the Delimara power station. They  need the whole report in order to be informed and thus be in a position to give their reactions. Familiarity on the part of Marsaxlokk and Birżebbuġa residents with the Operational Section of the External Emergency Plan would eventually be put into use in the civil protection drills and simulation exercises which have to be organised by the Civil Protection Department on a regular basis at both Marsaxlokk and Birżebbuġa.

The Civil Protection Department leadership team should realise, even at this stage, that the local population must own the operational plans. These plans will not work if the local population is not aware of at least the basic contents of these plans.

The public consultation process is a basic and essential component of the workings of a democratic society. Tampering with the required information, or unnecessarily restricting the consultation period, will transform it into a farce.

It is for these reasons that the Delimara power station consultation process is a farce in the making!

published in The Malta Independent on Sunday – 30 October 2016