Planning application PA00777/22 : another mega-development at Marsaskala

(photo is the official Parliamentary voting record of those voting in favour of the rationalisation exercise: that is those voting in favour of extending the building development boundary into what was then ODZ-Outside the Development Zone)

It would be pertinent to remember that on the 26 July 2006 Malta’s Parliament approved a resolution which we normally refer to as the “rationalisation” exercise, as a result of which extensive stretches of land until then outside the development zone (ODZ) were declared as land suitable for development.

The PN parliamentary group, supported the Lawrence Gonzi led government and voted in favour of developing ODZ land whilst ironically the Labour Opposition had then voted against the proposal. This is not just history. It is still affecting our daily lives. Today, 16 years later some are realising for the first time how land use planning was screwed by the then Environment Minister George Pullicino!

Three of the Members of Parliament who had then voted in favour of developing ODZ land are still MPs today.

Their names come to mind when considering the latest mega-development proposal, this time at iż-Żonqor on the outskirts of Marsaskala, through development application PA00777/22.  The development application this time concerns a 5,000 square metre area of rural land over which it is proposed to construct 135 residential units and 180 basement garages. These will be spread over 10 different levels, four of them below ground floor level after excavating a substantial amount of rock.

The basic decision permitting today’s proposed development was taken on the 26 July 2006 when the rationalisation exercise was approved by Parliament on the proposal of a PN-led government. No studies were then carried out as to the environmental impacts of the development resulting from the rationalisation exercise. Specifically, the cumulative impact of the development proposed was ignored contrary to the then emerging environmental acquis of the EU relative to the assessment of plans and programmes, known as the SEA Directive (Strategic Environment Assessment Directive) which Directive entered into force on the days immediately following the approval by the Maltese Parliament of the rationalisation exercise.

The basic question to ask is whether we really need such large-scale developments. Why are we determined as a country to develop every square centimetre of our land? Isn’t it about time that a moratorium on such large-scale development enters in force?

The rationalisation exercise should be scrapped at the earliest and all rationalised land returned to its former ODZ status the soonest. This is what we should expect of any government which (unashamedly) proclaims that the environment and our quality of life is now its priority.

It has taken our residents 16 years to become sensitised to the large-scale havoc which land use planning has degenerated to.  Throughout these 16 years all genuine environmentalists have been pointing this out. Unfortunately, some only react when large scale development is very close to their backyard, otherwise they do not care. The writing has been on the wall for a number of years, yet it was ignored for quite some time.

One mega-project after the other has been eroding our quality of life, the latest one being proposal PA00777/22 which goes by this description: To excavate and construct 180 garages at basement level, 2 Class 4B shops, and 135 overlying units. The site is at iż-Zonqor, Marsaskala, but it should be everyone’s concern.

It is about time that we stop all this in the same way that the proposed Marina at Marsaskala had to be shelfed, hopefully for good!

published on Malta Independent on Sunday : 5 June 2022

Beyond electric cars

Minister Miriam Dalli is partially right when stating that green transport schemes should focus on fully electric options. She made this statement when queried about subsidies for hybrid cars. Emphasising that zero-emission vehicles will be the only ones in receipt of funding assistance is the correct way forward.

But are electric cars in reality zero emission vehicles? In actual fact this is dependent on the source of electricity used when they are charged. When renewable energy is used to power electric vehicles, than we can state that they are zero emission vehicles, otherwise they are not.

There are other important considerations which need to be made. Green transport policy should be much wider than schemes subsidising zero-emission vehicles.

Only approximately 10 per cent of the energy utilised in the Maltese islands is renewable energy generated in Malta, primarily solar energy. The rest is either generated at the gas-powered Delimara power station or else imported through the interconnector with the Sicilian mainland. Plans are in hand to commission a second interconnector primarily to cater for the anticipated substantial increased demand for electricity as a result of the car electrification process.

Is this sustainable? Government is apparently ignoring this consideration.

Malta will be increasingly dependent for its immediate electrical energy needs on the interconnectors with the Sicilian mainland. Failure of the interconnectors to operate for more than a few hours would render most of us immobile as there will not be enough electricity to charge our cars! This is not a far-fetched possibility as we have experienced many a time when the interconnector was out of action, for a variety of reasons. A case in point being when the interconnector was damaged as a result of its being entangled with the anchors of a tanker during a storm.

In parallel with car electrification plans it is essential that the extreme dependency of our population on car ownership is addressed. This can be done through various initiatives.

Increased use of public transport is an initiative which is already being tackled. The announcement that as of October 2022 all public transport will be free of charge can be helpful if its efficiency is enhanced. If public transport is regular and sticks to the planned time-tables it can, over a period of time, contribute significantly to addressing car dependency. One has to underline the fact that car dependency in Malta and Gozo has primarily developed as a reaction to an unreliable public transport. As a result, there is still a reluctance to trust public transport. It still has to continuously prove itself, even though there have been significant improvements in the service provided.

Car-sharing schemes can be helpful in reducing cars from our roads. Currently in Malta we have one company offering the service of 450 cars which are available for shared use (against payment obviously). Using one of these cars instead of owning your own helps in reducing cars from our roads. Having just 450 cars being subject to shared use is however too little. Fiscal incentives including subsidies to those opting to share cars rather than to own them could be helpful.

We should continuously remember that in most cases, in Malta, we travel for short distances. Having less cars on our roads will also contribute to more road safety and consequently this would encourage more walking and cycling, especially when the distance involved is small.

Electrification of our roads on its own is not sufficient. It is just one of a number of tools which need to be applied in transport policy to contribute to a reduced climate impact, attain safer roads, achieve cleaner air and also to ensure more sustainable mobility.

published on the Malta Independent on Sunday: 22 May 2022

From Dubai to Singapore

Last week, the President of the Republic, laying out the programme for the new government in what is known as the speech from the throne, emphasised that the environment is a core value for this government. Reading through the speech prepared by government, his Excellency was clear by dwelling on a number of different topics of considerable environmental importance.

However, Dr Vella was unfortunately not advised as to how and when the government intends to address its continuous contradictions in its drive to shift its focus from the infrastructure to the environment.

The elastic environmental politics presented by this government ranges from more flyovers to achieving carbon neutrality, simultaneously being dependent on two interconnectors tapping the Sicilian energy market.

Previous governments led by the Labour party had sought to transform Malta into another Dubai, that is a land of high rises and extensive land reclamation . The attempt at Dubai-ification embarked on by the Muscat led government will apparently now be transformed into a Singaporization as emphasised by infrastructure Minister Aaron Farrugia. This is the implementation of the policy of continuity which his Excellency was apparently not sufficiently advised about.

The current crop will do their best to outshine their predecessors. Since there is not much more land to ruin, they have therefore turned their gaze towards the sea which they will be ruined in due course.

Preliminary studies carried out in the past had identified the areas in Maltese waters where land reclamation could be considered, subject to more in-depth studies. The coastal areas identified and studied are those along the  Magħtab/Baħar iċ-Ċagħaq coastline and the Xgħajra/Marsaskala coastline. These are the coastal zones which have to be watched and protected.

The basic question to ask before embarking on planning any land reclamation projects is: what do we need land reclamation for? In the past land was reclaimed to construct the Freeport or to protect the coast at Msida, Gżira and elsewhere.

If any new pressing need is identified one should carefully consider them.

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.

The way to go about tackling land reclamation is through serious public consultation. Labour in government has, so far, only consulted developers on land reclamation. It has, in the recent past, only consulted those who were seeking new ways to make a quick buck! These are the fourth-floor guys who are only interested in making hay while the sun shines.

If government is serious about land reclamation it should immediately publish a list of its proposed projects. This should be accompanied by a draft national land-reclamation strategy for public consultation. At this point consultation should not be with the speculation lobby: it has already been extensively consulted. Consultation at this stage should primarily be with environmental NGOs and the coastal communities, in particular those directly impacted.

Having said the above I do not think that land reclamation is or should be a priority. Rather, the priority should be the restructuring of the construction industry: specifically cutting it down to size and putting it to good use.

The country would be economically, environmentally 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.

After years of haphazard and abusive land-use planning, land reclamation is the last thing we need!

published in The Malta Independent on Sunday : 15 May 2022

The financing of the PLPN

Through a number of articles in the local press we have been repeatedly made aware that government and its authorities do not treat the parliamentary political parties (and their commercial companies) as the rest of us when it comes to outstanding bills, including those relating to taxes due.

The regulation of party-political financing should not stop at donation reports. We need to shine the spotlight on their pending bills too as these are an additional substantial financing source which in practice serves to finance the political parties through open-ended credit facilities! It is being carried out by the state, directly and by stealth.

To be clear I am referring to outstanding VAT payments and pending water and electricity bills which go back a number of years which have accumulated to millions in outstanding dues. In addition, there are also NI and PAYE contributions collected by the parliamentary political parties and their commercial companies on behalf of the Inland Revenue Department from their employees and retained unlawfully at their end. Any private employer who acts in the same manner is normally subject to legal action, in particular for failure to act on repeated reminders to conform! If you try not paying your water and electricity bills for years on end you will very soon receive a polite notice from ARMS indicating that you will soon have no more access to water and electricity!  But it is kids gloves for the PLPN. 

The amounts due run into many millions of euros and form part of the accumulated debts of the parliamentary political parties. It is difficult to quantify the precise amounts due by PLPN and their commercial companies as the authorities continuously withhold information as to the precise accumulated amount of the arrears due. The only information available in the public domain is sourced through leaks indicating that the amounts due run into millions: an upward eight digit spiral! Public knowledge of the extremely generous credit terms which public authorities grant parliamentary political parties and their companies would reveal the systemic abuses which have been shielded for too long a time.  This information should be disclosed as this is in the public interest. Good governance requires it.

This is an indirect source of political party financing which needs to be quantified and acted upon immediately. It is unfortunate that the regulator of political party financing is the Electoral Commission which is itself composed of nominees of the PLPN, who are thus regulating themselves, in addition to regulating their direct competitors, the other political parties.

It is also about time that the commercial companies belonging to the political parties are dealt with as an integral part of the political parties which they service. Stricter controls and real-time reporting time-frames are essential if we really want to ensure that these commercial companies are not used as vehicles to channel illicit funding to oil the PLPN political machinery.

As expected PLPN are in denial. The PL insists that its companies have not entered into a deal with Yorgen Fenech. The PN on the other hand insist that all is above board at its end: they proclaim that they have not issued any fake dB invoices! Yet both of them continuously fail to play by the rules. Audited accounts for their companies have not been presented for many years. As a result, there is no way to verify whether and to what extent the PLPN commercial companies are innocent of the charges that they are being continuously used to circumvent the rules regulating the funding of political parties.

Both the PL and the PN sanctimoniously proclaim their adherence to the basic principles of good governance. It is about time that they start practicing what they preach!

published in The Malta Independent on Sunday : 17 April 2022

Kull vot jgħodd

Nhar l-Erbgħa, flimkien ma’ Ralph Cassar Segretarju Ġenerali tal-Partit, f’isem ADPD ippreżentajt kawża kostituzzjonali dwar ir-riżultat elettorali li ġie ppubblikat f’dawn il-ġranet.

is-sistema elettorali, tul is-snin, ġiet żviluppata fl-interess esklussiv  tal-PLPN, iżidu is-siġġijiet għalihom u jinjoraw lill-bqija . Għandna sistema elettorali mbagħbsa, mhux denja ta’ pajjiż demokratiku.

F’demokrazija b’saħħitha, kull vot jgħodd: il-valur tiegħu m’għandux jiġi mkasbar għal kwalunkwe raġuni. Sfortunatament, f’Malta, il-leġislazzjoni elettorali hi iddiżinjata b’mod diskriminatorja, u dan bil-kompliċità tal-Parlament. Hi sistema elettorali diskriminatorja favur il-PLPN li bejniethom ikkontrollaw lill-Parlament sa mill-1966, u jridu jibqgħu għaddejjin hekk.

Vot favur l-ADPD għandu l-istess valur daqs vot favur il-PLPN. Imma l-liġi hi diskriminatorja għax tagħti valur u piż lill-voti tal-PLPN u tinjora l-bqija tal-voti tal-Maltin u l-Għawdin.

Dan hu riżultat ta’ żewġ miżuri speċifiċi: waħda dwar il-proporzjonalità u l-oħra dwar il-bilanċ tal-ġeneru. It-tnejn jiffavorixxu lill-PLPN u huma diskriminatorji fil-konfront tagħna, it-tielet partit, kif ukoll huma diskriminatorji kontra l-partiti l-oħrajn ukoll. Id-diskriminazzjoni li qed niffaċċjaw hi parti integrali mill-liġi elettorali.

Nhar it-Tnejn 28 ta’ Marzu 2022 kien imħabbar li r-riżultat elettorali kien aġġustat billi mal-lista tal-membri parlamentari eletti żdiedu tnejn oħra mil-lista tal-kandidati ippreżentata mill-PN. Din iż-żieda saret biex ikun hemm aġġustament għall-proporzjonalità bejn il-voti miksuba mill-partiti parlamentari fl-ewwel għadd tal-voti u s-siġġijiet parlamentari miksuba.

Meta sar dan l-aġġustament ġew injorati l-voti miksuba mill-partit ADPD fl-ewwel għadd tal-voti, liema voti kienu jammonta għal 4747 vot, ammont li hu ikbar mill-kwota nazzjonali. Din id-diskriminazzjoni tiżvaluta l-proċess demokratiku u dan billi l-voti tal-Partit Laburista u tal-Partit Nazzjonalista qed jingħataw valur billi jittieħdu in konsiderazzjoni biex isir l-aġġustament għall-proporzjonalità filwaqt li  l-voti ta’ ADPD qed ikunu skartati kompletament.

Il-proċess elettorali hu mistenni li jkompli fil-ġranet li ġejjin u dan billi l-emendi kostituzzjonali tas-sena l-oħra jipprevedu li wara li jkun konkluż il-proċess ta’ bye-elections assoċjati mal-elezzjoni ġenerali, l-Kummissjoni Elettorali talloka mhux iktar minn tnax-il siġġu parlamentari addizzjonali, sitta lil kull naħa biex jonqos l-iżbilanċ tal-ġeneru fil-Parlament. Dan ser ikompli jżid il-problema ta’ rappresentanza parlamentari billi ser iżid ir-rappresentanza tal-partiti parlamentari u jkompli jinjora l-bqija. Il-prinċipju tal-proporzjonalità li diġa huwa applikat b’mod dgħajjaf ser ikompli jiġi mnawwar bħala riżultat ta’ dan.

Il-kawża kostituzzjonali hi dwar dan it-taħwid kollu. Qed nitolbu lill-Qorti li issib li hemm ksur ta’ diversi drittijiet  umani liema drittijiet huma mħarsa kemm mill-kostituzzjoni ta’ Malta kif ukoll mill-Konvenzjoni Ewropeja tad-Drittijiet tal-Bniedem. Hemm ukoll ksur tal-artiklu 3 tal-protokol numru 1 tal-Konvenzjoni Ewropeja dwar id-Drittijiet tal-Bniedem u dan dwar id-dritt ta’ elezzjonijiet ħielsa.

Qegħdin nistennew rimedju kontra d-diskriminazzjoni li seħħet diġa meta l-Partit Nazzjonalista ngħata siġġijiet Parlamentari u aħna b’mod diskriminatorju ma ngħatajniex, kif ukoll protezzjoni mid-diskriminazzjoni addizzjonali li ser isseħħ fil-ġranet li ġejjin meta jidħol fis-seħħ il-mekkaniżmu korrettorju dwar il-bilanċ tal-ġeneru.

Is-sistema elettorali Maltija mhiex isservi l-interessi tal-pajjiż imma biss tal-interessi tal-PLPN li kkapparraw ukoll l-istituzzjonijiet. Il-voti ta’ kulħadd għandhom valur u jeħtieġ li jkunu rispettati, mhux biss dawk tal-PLPN.

Inħarsu l-voti kollha.

Ippubblikat fuq Illum: il-Ħadd 3 t’April 2022

Every vote counts

On Wednesday, on behalf of ADPD-The Green Party, together with party General Secretary Ralph Cassar I instituted constitutional proceedings relative to the election results just published.

The issue at stake is that the electoral system has, over the years been developed in the exclusive interest of the PLPN: milking more parliamentary seats for the PLPN and excluding the rest.

 In a healthy democracy, all votes have an equal value: every vote counts. Unfortunately, in Malta, electoral legislation, by design, that is with the clear intention of Parliament, is discriminatory in favour of the PLPN, the political parties which have exclusively controlled Parliament since the 1966 general elections.

A vote cast for ADPD-The Green Party is equal in value to those cast in favour of the PLPN. Existing electoral legislation is discriminatory due to its giving weight to votes cast for the two parliamentary parties and ignoring those cast for others.

This is the result of two specific measures: one dealing with proportionality and the other dealing with gender balance. Both measures are designed to benefit the PLPN and discriminate against us, the third party, and others. The discrimination we are facing is an integral part of electoral legislation by design. 

On Monday 28th March 2022 it was announced that the electoral result was adjusted through the addition of two MPs from the list of candidates presented by the PN.  This addition is the result of a proportionality adjustment between the votes obtained at first count by the political parties making it to parliament and the parliamentary seats won.

When this adjustment was carried out the votes obtained at first count by ADPD-The Green Party amounting to 4747 were ignored. These votes amount to more than the national quota. This discrimination is a devaluation of the democratic process as it gives weight to votes cast in favour of  Partit Laburista and Partit Nazzjonalista but ignores completely the votes cast for ADPD.

In the coming days, the final stage of the electoral process will be implemented. After all the bye-elections associated with the general election are concluded the Electoral Commission will assign up to a maximum of twelve additional parliamentary seats to the two parliamentary parties in order to address gender balance in the parliamentary ranks.  This will add to the existing problems of parliamentary representation by further inflating the parliamentary seats of PLPN to the detriment of the rest. The proportionality principle, already very weak will be further eroded.

The Constitutional proceedings deal with all this. The Courts are being requested to find that there has been a breach of several human rights protected not only in terms of Malta’s Constitution but also in terms of the European Convention of Human Rights. We also point out that all this is in breach of the first protocol of the European Convention of Human Rights relative to free and fair elections.

We expect that the Courts identify suitable remedies to address the discrimination which has already taken place when the Partit Nazzjonalista was awarded additional parliamentary seats and the votes obtained by ADPD were ignored. We also seek the Courts’ protection from further discrimination which will occur in the coming days when the provisions of the gender balance corrective mechanism are applied.

Malta’s electoral system is not serving the country well: it has been manipulated repeatedly by the PLPN to serve their own interests. To this end they have also hijacked the Constitutional institutions. It is not only PLPN votes which are important: everyone’s vote is important and requires the utmost respect.

published in The Malta Independent on Sunday: 4 April 2022

Abusive continuity

The distribution of multiple cheques to every household by the Labour Government on the eve of the general election is more than abusing the power of incumbency. Through the said distribution, the power of incumbency is being transformed into a corrupt practice, specifically intended to unduly influence voters.

What, in normal circumstances should be a simple administrative act is being transformed into blatant political propaganda, at public expense, straight into your letterbox. A covering letter signed by Robert Abela and Clyde Caruana says it all. A Banana Republic in all but name!

Why should such handouts be distributed on the eve of elections if not to influence voters?

Even if one were to accept that such handouts are acceptable, it is certainly not in any way justifiable to plan their distribution specifically on the eve of an election. This goes against the basic principles of good governance.

The power of incumbency is the executive power of a government seeking re-election. Incumbents always have an advantage. The manner in which they handle it defines their governance credentials.

This has been a government characterised by bad governance throughout its term in office. Right from the very beginning, on 13 March 2013. I consider the full 9 years as one continuum. This was reinforced by Robert Abela himself who emphasised that his leadership of the Labour Party seeks to continue the “achievements” of his predecessor and mentor Joseph Muscat. Continuity was his declared mission.

On its first days in office, Labour started off on its Panama tracks. The secret Panama companies set up by Konrad Mizzi, Keith Schembri and someone else, known as the (mysterious) owner of Egrant, went on to rock Labour over the years.

The Electrogas saga and its link to the assassination of Daphne Caruana Galizia intertwined with the Panama debacle.

It is now clearly established that the assassination of Daphne Caruana Galizia was directly linked to her investigative journalism. Her investigations led her to identify the governance credentials of various holders of political office and their links with big business. Defining their relationship as being too close for comfort would be a gross understatement.

As emphasised in the investigation report on the Daphne Caruana Galizia assassination, over the years, a culture of impunity has developed in these islands. This has led to misbehaviour in public office being normalised. It has also led to considerable resistance in the shouldering of political responsibility by holders of political office, whenever they were caught with their hand in the cookie jar! Rosianne Cutajar and Justyne Caruana being the latest examples, as amply proven by the Commissioner for Standards in Public Life George Hyzler.

To add insult to injury Cutajar and Caruana were the recipients of generous termination benefits, notwithstanding that their term of political office ended in disgrace. Caruana received terminal benefits twice in the span of a short time, as she established a national record of resigning twice from Robert Abela’s Cabinet!

With this track record one should not have expected otherwise from the Muscat/Abela administration. With the abusive distribution of cheques on the eve of the general election Labour’s current term is approaching a fitting end.

The Labour Party in government has consistently acted abusively. Robert Abela has followed in the footsteps of his predecessor and mentor Joseph Muscat. Continuity has been ensured, as promised.

published in Malta Today : Sunday 20 March 2022

Sħubija fil-Union bil-fors?

Il-Partit Laburista, fil-manifest elettorali tiegħu, qed imexxi l-quddiem l-idea ta’ sħubija obbligatorja fi trade union.

Din l-idea oriġinat mill-unions infushom u għandha l-oriġini tagħha fil-fatt li fi prattikament kull post tax-xogħol hemm min ma jissieħeb fl-ebda union, joqgħod gallarija, u mbagħad igawdi hu (jew hi) ukoll mill-benefiċċji li jintrebħu bħala riżultat tan-negozjati bejn management u union.

Nifhem li l-Unions jiddejqu b’din is-sitwazzjoni.

Li jkun hemm iktar parteċipazzjoni fil-Unions hu oġġettiv tajjeb għax hu bil-parteċipazzjoni ta’ iktar nies mid-dinja tax-xogħol fil-ħidma trejdunjonistika li l-Unions jistgħu ikunu aħjar. Jagħmlu ukoll xogħol aħjar għax dan ikun rifless tal-fehma ta’ iktar persuni!

Imma li ġġiegħel lil kulħadd li jkun bilfors imsieħeb f’Union, anke jekk din tkun tal-għażla tiegħu/tagħha mhiex aċċettabbli. Ikun pass kbir il-quddiem kieku iktar jissieħbu, imma l-għażla trid tkun waħda ħielsa.

Bejgħ tal-passaporti u l-prinċpju ta’ lealtà fl-Unjoni Ewropea

Iktar kmieni din il-ġimgħa, l-kumitat tal-Parlament Ewropew dwar il-libertajiet ċivili u l-ġustizzja,  huwa u jiddiskuti rapport dwar il-bejgħ tal-passaporti (jirreferu għalihom bħala golden passports) mill-istati membri, jemfasizza li dan hu oġġezzjonabbli etikament, legalment u ekonomikament u dan apparti li dan joħloq bosta riskji għas-sigurtà.

Tul is-snin, il-Ministri, kemm f’Malta kif ukoll barra, emfasizzaw li ċ-ċittadinanza, fl-Unjoni Ewropeja, hi materja riżervata għall-istati membri. Hekk hu, imma mhux b’mod assolut. Il-prinċipju ta’ lealtà fit-trattati Ewropej ilewwen il-ħidma tal-istati membri fl-Unjoni. Anke l-oqsma li huma kompetenza nazzjonali għandhom ikunu meqjusa f’dan id-dawl.

Ħadd ma jikkontesta li ċ-ċittadinanza hi kompetenza tal-pajjiżi membri. Hekk għandu jkun. Imma meta nikkunsidraw il-bejgħ taċ-ċittadinaza hemm ħafna implikazzjonijiet oħra, ta’ gravità mhux żgħira. It-trattati tal-Unjoni Ewropeja dan jispjegawh bħala obbligu ta’ kooperazzjoni sinċiera  bejn il-pajjiżi membri, obbligu li bosta drabi huwa mfisser bħala l-prinċipju ta’ lejaltà:  lejaltà, jiġifieri bejn il-pajjiżi membri infushom.

Riċentment, l-amministrazzjoni immexxija minn Robert Abela fasslet emendi mhux żgħar għall-proċess li bih tkun akkwistata ċ-ċittadinanza b’investiment. Il-programm (Individual Investor Programme) inbidel ma skema residenzjali li eventwalment tista’ twassal għal ċittadinanza. Għalkemm l-Unjoni Ewropeja kienet infurmat b’dan it-tibdil, is-Segretarju Parlamentari responsabbli għaċ-ċittadinanza, Alex Muscat, indika li ma kien hemm l-ebda rispons mill-Kummissjoni Ewropeja.

Il-Parlament Ewropew ser jiddiskuti dan kollu fil-plenarja tiegħu tax-xahar id-dieħel.  L-abbozz tar-rapport, b’numru ndaqqas ta’ emendi, jemfasizza li l-iskemi taċ-ċittadinanza b’investiment “hemm it-tendenza li jkunu f’dawk l-istati membri li huma l-iktar esposti għal riskji konnessi mas-segretezza finanzjarja, bħall-evażjoni tat-taxxa, l-ħasil tal-flus u l-korruzzjoni.” 

Fost dawk li kisbu ċ-ċittadinanza Maltija b’investiment insibu lil: Anatoly Hurgin, akkużat bi frodi, kuntrabandu u ħasil ta’ flus kemm fl-Istati Uniti kif ukoll fl-Iżrael, Liu Zhongtian, biljunarju involut fl-aluminju, għaddej proċeduri kriminali fl-Istati Uniti dwar evażjoni  ta’ madwar żewġ biljun euro f’tariffi  Amerikani,  Boris Mints, biljunarju ieħor li qiegħed jiffaċċja akkużi dwar frodi fir-Renju Unit,  Pavel Melnikov, ukoll biljunarju li qiegħed ikun investigat fil-Finlandja dwar ħasil ta’ flus u frodi, u Mustafa Abdel-Wadood li ammetta akkuzi dwar frodi fl-Istati Uniti. Dawn ġew identifikati mill-istampa f’Malta bħala lihumafost dawk li xtraw passaport Malti. Ħadd mhu ser jeskludi li hemm iktar, għax dawn it-tip ta’ skemi huma kalamita għal dawn it-tip ta’ nies..

Dawn, u oħrajn, ħadu iċ-ċittadinanza minkejja li suppost li l-applikazzjonijiet tagħhom kienu eżaminati b’reqqa liema bħala!

Fid-dawl ta’ dan kollu l-logħob ta’ Bernard Grech li jirrifjuta li jieħu sehem fi proċess ta’ konsultazzjoni dwar il-ħatra ta’ regulatur ġdid għall-iskema ta’ ċittadinanza b’investiment tibgħat messaġġ żbaljat. Regulatur li jkollu l-barka ta’ Bernard Grech mhux ser itejjeb l-iskema taċ-ċittadinanza.

Irrispettivament minn kemm jinbidlu r-regoli dwar l-iskema tal-bejgħ tal-passaporti, din tibqa’ mhux aċċettabbli fil-prinċipju. Kif jingħad fir-rapport pendenti quddiem il-Parlament Ewropew iċ-ċittadinanza Ewropeja mhiex għall-biegħ.

Ir-rapport quddiem il-Parlament Ewropew jgħid li l-iskemi taċ-ċittadinanza b’investiment fihom ħafna riskji u mhumiex kompatibbli mal-prinċipju ta’ kooperazzjoni meħtieġa bejn l-istati membri tal-Unjoni Ewropeja. Fid-dawl ta’ dan għandhom jispiċċaw sa mhux iktar tard mis-sena 2025 jgħidilna ir-rapport tal-Parlament Ewropew..

Il-flus jistgħu jkun utli, jgħid Bernard Grech, kieku l-iskemi jkunu trasparenti.  Hi l-istess attitudni li l-PN fil-Gvern daħħal fis-sistema ta’ tassazzjoni meta spiċċa daħħal proposti li jinkoraġixxu l-evażjoni tat-taxxa.  

L-iskema tal-bejgħ tal-passaporti  flimkien mal-abbuż kontinwu tas-sovranità tal-pajjiż fil-qasam tat-tassazzjoni bit-tnaqqis fir-rati ta’ taxxa għal kumpaniji barranin li b’hekk ġew inkoraġġiti jevadu t-taxxi ta’ pajjiżhom huma uħud mir-raġunijiet li wassluna sal-lista l-griża. Tul dawn l-aħħar xhur imma, l-Ministru tal-Fnanzi beda jċedi u jidher li issa mexjin lejn li naċċettaw rata minima u armonizzat ta’ taxxa.

Bħala partit ilna ninsitu fuq din it-triq. Sfortunatament b’wiċċna minn quddiem nistgħu ngħidu li ghidna ċar u tond kif kienu l-affarijiet. Issa jmiss li tispiċċa l-iskema tal-bejgħ tal-passaporti ukoll. M’għandniex bżonn li jkunu istituzzjonijiet barranin li jgħidulna x’inhu tajjeb u x’inhu ħażin. Kapaċi, jekk irridu, li dan nagħmluh aħna stess. 

Huma biss membri parlamentari eletti mill-lista tal-kandidati ta’ ADPD li jistgħu jassiguraw li jsir it-tibdil kollu li hu meħtieġ. Bernard Grech u l-PN ma jistgħux ikunu is-soluzzjoni. Huma parti mill-problema.

ippubblikat fuq Illum: il-Ħadd 20 ta’ Frar 2022

Golden passports & the EU’s loyalty principle

Earlier this week, the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs, when discussing a draft legislative initiative report emphasised that golden passports are objectionable ethically, legally and economically and pose several serious security risks.

Over the years government Ministers, in Malta and elsewhere, have emphasised that issues of citizenship and passports are a national reserved matter, within the European Union.  They are right, but, only to a certain extent. The principle of loyalty in the EU treaties underpins the functioning of the individual member states within the Union. Even the national competencies have to be implemented with this principle in mind.

No one contests that nationality issues are a national competence. They should remain so. There is however much more than state competence at stake. Article 4.3 of the Treaty on the European Union explain this as the principle of sincere cooperation, at times referred to as the loyalty principle: loyalty, that is, towards the other European member states.

Recently, the Robert Abela administration has sought to reform the process of acquiring citizenship by investment. The original rules were overhauled. The IIP (Individual Investor Programme) was replaced by a residency scheme which could, eventually lead to acquiring citizenship. The EU was informed of all this and Parliamentary Secretary Alex Muscat, responsible for citizenship has indicated that there has been no feedback on the matter from the EU Commission.

The EU Parliament will discuss the matter in plenary next month. The draft report which, with a multitude of amendments proposed, will be considered, emphasises among other matters that such Citizenship by Investment (CBI) “schemes tend to be located in Member States that are particularly prone to risks related to financial secrecy, such as tax avoidance and money laundering, and corruption.”

Among the new Maltese citizens by investment, one finds: Anatoly Hurgin, charged with fraud, smuggling and money laundering in the US and Israel, Liu Zhongtian, an aluminium billionaire indicted in the US on avoidance of €2 billion in American tariffs, Boris Mints, a billionaire facing fraud charges in the UK, Pavel Melnikov, another billionaire under investigation in Finland for money laundering and tax fraud and Mustafa Abdel-Wadood who pleaded guilty to conspiracy and fraud charges in the United States. These have been identified by the Maltese press. I would not exclude that there are more of them as such schemes are a natural attraction to them. So far they have avoided the radar of public scrutiny.

Quite a collection! All of them were okayed by Malta’s “rigorous due diligence”!

In view of the above, Bernard Grech’s postering through his refusal to engage in consultation on the appointment of a new regulator for golden citizenship sends a wrong message. A regulator acceptable to Bernard Grech will not make the citizenship by investment scheme any better.

The golden passport scheme, irrespective of the tinkering with the rules carried out, is unacceptable in principle. EU citizenship, says the EU Parliament report currently under consideration “is not a commodity that can be marketed or sold and has never been conceived as such by the Treaties.”

European values are not for sale, says the said report: “in the light of the particular risks posed by CBI schemes and their inherent incompatibility with the principle of sincere cooperation, CBI schemes should be phased out fully across the Member States”. The proposal before the EU Parliament is that these should be phased out by 2025.

The money justifies it, says Bernard Grech, if only it were more transparent. It is the same attitude which the PN-led government built into our taxation system, when it introduced measures encouraging tax avoidance.

The golden passport scheme coupled with the continuous abuse of Malta’s tax sovereignty through offering substantial tax discounts to foreign commercial entities, encouraging tax avoidance, are part of the reasons which have led to Malta’s grey-listing. During the last months, Malta’s Finance Minister has finally capitulated and he is now steering the country towards the acceptance of a harmonised minimum tax rate.

Greens have been advocating this course of action for ages. Unfortunately, we can hold our heads high and state: we told you so! The golden passport scheme should be next for the chop. We do not need foreign institutions to tell us what is right or wrong. We can do it ourselves.

Only members of parliament elected from the list of ADPD candidates can ensure that the required overhaul is carried out. Bernard Grech and his PN cannot be the solution. They are part of the problem.

published on The Malta Independent on Sunday : 20 February 2022