Delimara għall-Kabinett

Sirna nafu illi l-Ministru tal-Ambjent (jiġifieri Lawrence Gonzi) iddeċieda illi l-appell li l-Kunsill Lokali ta’ Marsaxlokk ippreżenta dwar il-permess li jikkonċerna l-estensjoni tal-Power Station ta’ Delimara għandu jkun deċiż mill-Kabinett u mhux mill-Bord tal-Appell dwar l-Ippjanar.

Din m’hiex proċedura komuni u ftit li xejn ġiet użata fil-passat.

Sal-lum hi proċedura regolata mill-artiklu 15A tal-Att dwar l-Ippjanar ta’ l-Iżvilupp li ġie introdott  9 snin ilu permezz tal-Att XXI tal-2001 bl-emendi li kien introduċa George Pullicino, dakinhar Segretarju Parlamentari responsabli mill-Awtorita’ tal-Ippjanar (l-ambjent kien għandu ma żdiedx mar-responsabbiltajiet tagħha).

Din il-proċedura tagħti d-dritt lill-Gvern li jirreferi appell għal deċiżjoni mill-Kabinett wara li l-Bord tal-Appell dwar l-Ippjanar ikun ġabar il-provi w iffinaliza rakkomandazzjoni dwar il-kaz meta :

1)      l-applikant ikun Dipartiment tal-Gvern jew korp imwaqqaf b’liġi u

2)      l-applikazzjoni kollha sinifikat strateġiku, jkollha x’taqsam mas-sigurta’ nazzjonali, teffettwa l-interessi ta’ xi Gvernijiet oħra jew tirrikjedi studju tal-impatt ambjentali.

Din il-proċedura fiha innifisha ma fiha xejn ħażin u naħseb li teżisti f’diversi pajjiżi oħra ukoll. Id-diffikulta m’hiex għalhekk fid-dover tal-Kabinett li jieħu deċiżjoni imma l-fatt li f’Malta l-Gvern sa l-istadju tal-appell diġa huwa mdaħħal sa għonqu fid-deċiżjoni.

Kif ?  forsi jistaqsu uħud.

Il-membri kollha tal-Bord tal-MEPA li ddeċidew il-każ huma kollha appuntati mill-Gvern. L-ebda wieħed minnhom ma kien kritiku la ta’ din l-applikazzjoni u l-anqas ta’ kwalunkwe’ applikazzjoni oħra li ssottometta l-Gvern jew xi entita’ oħra tiegħu. B‘żieda ma dan, il-każ kien wieħed ikkargat b’deċiżjonijiet politiċi li dwarhom mhux dejjem kien hemm spjegazzjoni li tikkonvinċi. L-iktar importanti fosthom it-tibdil fir-regolamenti dwar x’tip ta’ emissjonijiet huma permissibli. Żid l-involviment tal-Lehmayer International bħala konsulenti tal-Enemalta minkejja li l-Bank Dinji poġġihom fuq il-Black List minħabba korruzzjoni ippruvata.

Fid-dawl ta’ dan kollu l-proċedura użata għalkemm skond il-liġi tista’ tkun inġusta.

Nawgura lill-Kunsill ta’ Marsaxlokk li appella mid-deċiżjoni tal-estensjoni tal-Power Station f’Delimara illi jsib soluzzjoni li biha jkun jista’ jsemma’ leħnu b’mod effettiv.

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The Delimara Inquiry: unfinished business

by Carmel Cacopardo

published on May 1, 2010

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Many unanswered questions arise from the National Audit Office (NAO) report entitled Enemalta Corporation Tender for Generating Capacity. The conclusions are certainly damning and with no stretch of the imagination can they be considered as pointing at mere shortcomings.

Was there any corruption involved in the Delimara tender? The NAO report is clear: “The NAO’s inquiry did not come across any hard and conclusive evidence of corruption…” (page 8). In my opinion this means that the evidence of wrongdoing encountered and documented does not lead to a definite conclusion. Evidence is still there awaiting further investigations.

It would be worthwhile to recollect that in the few cases in Malta’s recent history where it was concluded that corruption had been proven this had resulted because someone directly involved had spilt the beans.

As reported in other sections of the press, the commissions in play in connection with the Delimara tender are substantially higher than what is normal in this business. When this is coupled with the lack of cooperation encountered by the NAO during its investigations as well as the selective leakages identified, it is reasonable to conclude that much more could yet be unearthed.

But then there is also a related case of proven corruption: Lahmeyer International (LI), Enemalta’s advisers, were found guilty of corruption relative to two World Bank contracts and, as a result, on November 6, 2006, they were added to the World Bank’s blacklist. The tainted contracts refer to the Lesotho Highlands Water Project in respect of which LI had responsibilities for detailed design work, construction supervision, project studies and technical assistance in connection with water delivery tunnels.

LI offered their services to Enemalta in April 2008, 17 months after being included on the World Bank blacklist. Initially, the unsolicited services of LI were refused by Enemalta but one month later someone had second thoughts and their services were accepted. Why?

When queried by the NAO, senior Enemalta officials declared that they were not aware that LI was blacklisted by the World Bank. The NAO report declares (page 115) that it “was not convinced of the explanations given”.

In the meantime, LI is still advising the Malta Resources Authority, which has not yet publicly reacted to the news that its adviser is currently on the World Bank blacklist for corruption. But maybe we will hear about that at some later stage when the energy interconnection between Malta and Sicily is scrutinised.

In my opinion, the fact that Enemalta did not check into LI’s ethical credentials indicates that Enemalta does not consider these to be of any relevance to its operations. This is not a shortcoming but a serious error of judgment.

Some may point fingers at “inexperienced officers” who dealt with the case. Enemalta board has a duty towards taxpayers to ensure that it engages only the best available staff. It was for this reason that, in the past, we were informed of the substantial emoluments being paid to some of the senior officers. We have been reminded that if you employ the best you cannot pay peanuts. Much more than peanuts has been paid but Enemalta has ended up with monkey business just the same!

There is then the issue of changing the rules mid-way through the process. Enemalta had initiated the tendering process in November 2006 through a Request for Proposals. During the adjudication, in January 2008, the government changed the rules relative to the permissible emissions. The NAO states that while this change is permissible in terms of the relative EU Directive (page 22) the tendering process should have been aborted and the tender reissued in view of the fact that the original specifications were based on different emission levels. Such a line of action, says the NAO, would have ensured a greater degree of transparency and equity (page 53).

There are many other issues the report unearths but the space allotted for this article is very limited.

The NAO-led inquiry was a tough job the Auditor General has done honourably. I have no doubt that he will take the criticism by Enemalta’s chairman and members of the Cabinet in his stride. It is, after all, an occupational hazard that goes with his job.

In view of the damning NAO report, in a democracy, the politician responsible for the Enemalta Delimara tender would stand up, accept political responsibility and resign. So far, he has not done so, which means that all Cabinet has now been forced to collectively shoulder the responsibility instead of their colleague. The only positive note is that he has been relieved of his Enemalta duties some weeks ago!

The NAO report is not the end of the story as many answers are still awaited. This is a business yet unfinished.

original article at : The Times

Waste update : back to the drawing board

times_of_malta196x703

by Carmel Cacopardo

published on Saturday February 28, 2009

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The Solid Waste Management Strategy update published recently, identifies a zero waste scenario as a long-term aim. It refers to a number of studies commissioned and proceeds to a selective use of conclusions from the said studies, which are still under wraps.

A Situation Audit of the strategy was carried out in 2005. Yet, the only conclusion that has found its way into the proposed update is a statement on the practical non-existence of the interministerial committee set up to coordinate the strategy’s implementation across government. The full Situation Audit should see the light of day. The public has the right to be informed as to the manner in which targets were attained and the reasons as to why others were missed.

The update is incomplete; it postpones updating the strategy on hazardous waste, promising instead a Topic Paper in the future. The management of hazardous waste includes the implementation of the WEEE Directive (Waste from Electric and Electronic Equipment), which is way behind schedule.

Producers and their representatives in terms of the WEEE Directive assume full responsibility for the waste generated by their products. Yet, the government, through the simultaneous application of the eco-contribution and the WEEE Directive, has placed them in a situation where they have to pay twice for the handling of electric and electronic waste: The payment of an eco-contribution and shouldering producer responsibility in terms of EU legislation. The result is that while, on paper, the WEEE Directive in Malta has been transposed, in practice its implementation is being obstructed. It is an area of responsibility that EU legislation assigns specifically to the private sector, yet the government is reluctant to lose a substantial chunk of eco-contribution revenues and is consequently applying the brakes.

The regulation of scrap yards does not feature in the update. They are required in order to recycle scrap metal. However, they should operate within a regulatory framework, in particular in conformity to the WEEE and the ELV (End of Life Vehicle) Directives. Recently, it was reported that, during testimony submitted in a planning appeal, concerning the enforcement order relative to the Ta’ Brolli scrap yard in Birzebbuga, it was revealed that part of its business originates from the custom of government departments and corporations!

Some scrap yards process scrap from disused refrigerators! Processing? They just crush them, as a result releasing refrigeration gases to air. These gases are CFCs (chloroflorocarbons), contributors to the depletion of the ozone layer. In a regulated environment in terms of the WEEE Directive, processing disused refrigerators for waste would include the careful collection of the CFCs as a first step. Instead, some Maltese scrap yards are contributing to the depletion of the ozone layer in contrast to the provisions of the 1987 Montreal Protocol, which Malta has bound itself to observe and implement.

The proposal for an updated strategy encourages a policy favouring waste incineration. It proposes that the use of bio-digestion to convert waste to energy is complemented by a policy favouring incineration. Specifically, it proposes a waste to energy incinerator to be sited at Delimara next to the power station. This could also mean that on waste recovery sites (currently in operation or projected) the two technologies could co-exist.

Incineration is undoubtedly a waste management tool. In my opinion, it should however, only be used as the last option.

Relying on incineration to produce electricity would, on the plus side, reduce required landfill space and the fuel bill. It would still, however, contribute to the production of greenhouse gases and, hence, cannot be described as a source of clean energy. On the minus side, it negates the need to reduce waste generation and produces other possibly toxic emissions, which would vary dependent on the composition of the RDF (refuse derived fuel).

The regulation of these emissions is normally established through a permit issued by Mepa in terms of the EU Directive on Integrated Pollution Prevention and Control. The acceptability or otherwise of an incineration facility even as a tool of the last resort would in my view result from two points: The quality of emissions control imposed by Mepa through the conditions established in the IPPC permit, and the enforceability of these conditions.

If the manner in which the Marsa incinerator has operated in the past months is a reliable indicator on the workings of Mepa and Wasteserv, this is sufficient on its own to discard the incinerator option even as a tool of last resort.

These are just a few of the points indicating reasons as to why the proposed waste strategy update needs to go back to the drawing board. Together with the fact that a Strategic Environmental Assessment has not to date been carried out, this is clear evidence of its poor quality. Such a document cannot lead to a fruitful public discussion.