Brian Decelis: aħdar ta’ veru

Brian hu persuna mimlija enerġija. Hu dedikat. Jiffoka l-enerġija tiegħu b’mod kreattiv favur dak li jemmen fih.

Għandu viżjoni ħadra. Hu aħdar ta’ veru.

Segwejtu mill-bogħod snin twal ilu waqt l-ewwel kampanja elettorali għall-Kunsilli Lokali fl-1992. Dakinnhar kien ġie elett fil-lokalità tal-Fgura għan-nom ta’ Alternattiva Demokratika.

Għaddew 32 sena, u għalkemm bħali,  b’inqas xagħar, għadu mimli bl-istess ħeġġa u determinazzjoni li fejn hu possibli jmidd għonqu għall-ħidma biex jagħmel id-differenza.

Dan hu l-impenn politiku tagħna, li bil-viżjoni ħadra tagħna nagħmlu differenza fil-ħajja tal-oħrajn, biex ħajjithom tkun aħjar.

Hemm ħafna xi jsir fuq livell ta’ lokalità. F’kull lokalità hemm ħtieġa ta’ Kunsill Lokali magħmul min-nies li kapaċi jkunu proattivi.

Tul dawn l-aħħar snin, kelli l-opportunità li naħdem mill-viċin ma’ Brian. Miegħu kelli l-opportunità li niddiskuti u nfassal il-ħidma tal-partit f’ċirkustanzi differenti.  Fi Brian dejjem sibt persuna li kienet kapaċi tittraduċi l-ftit kliem tiegħi (kultant anke espress b’mod telegrafiku) f’ħidma effettiva.

Fl-elezzjoni ġenerali li għaddiet, jekk Ralph (Segretarju Ġenerali tal-Partit) kien l-id il-leminija tiegħi, Brian, bla ebda dubju kien l-id ix-xellugija tiegħi, biex, flimkien mal-kumplament tat-tim organizzajna l-partit aħjar u bil-ftit riżorsi li kellna irnexxielna kważi nirduppjaw il-voti li ksibna minn elezzjoni ġenerali għall-oħra.

L-isfidi fil-lokalità mhumiex wisq differenti. L-issues li irridu niffaċċjaw huma kemm dawk ambjentali kif ukoll dawk ta’ governanza tajba. 

Brian għandu għarfien tajjeb ta’ dak li hemm lest għalih, meta, xahar ieħor nawguralu li jkun elett. Hu kapaċi jkun leħen taż-żgħir, tal-vulnerabbli, tar-resident abbandunat mill-awtoritajiet.

Ix-xahar id-dieħel, bi Brian elett bħala kunsillier, Marsaskala jkollha biex jirrappreżentha persuna determinata li tiddefendi liż-żgħir.  Meta nassiguraw li jkun imħares l-iċken wieħed fostna, għandna l-garanzija li nkunu qed inħarsu lil kulħadd. Brian hu l-bniedem li xahar ieħor jagħmel id-differenza.

Awguri Brian.

(diskors f’Marsaskala, Il-Ħadd 12 ta’ Mejju 2024)

The courage to change

Good governance is central to the proper nurturing of this 50-year-old Republic. Good governance is founded on transparency and accountability. Secrecy and the withholding of information from the public domain, in contrast, generate bad governance.

Transparency is a basic characteristic of good governance whereas secrecy is the distinguishing mark of bad governance. This inevitably leads to the shielding of unethical behaviour, as well as the propagation of a culture of greed and corruption.

Transparency and accountability are inseparable twins. Accountability is, in fact, non-existent or severely diluted in the absence of transparency.

Good governance is much more than a concept. It is the essential foundation for any democratic Republic.  In the absence of good governance, greed flourishes, and national institutions are slowly transformed into personal fiefdoms. Corruption and rampant clientelism are the inevitable results of a lack of good governance.

In her inaugural speech on Thursday, President of the Republic Myriam Spiteri Debono spoke of the assassination of Daphne Caruana Galizia. Daphne’s assassination was described by Her Excellency as a wound that, as a nation, we must heal the soonest.

Daphne Caruana Galizia was actively involved in journalism, investigating corruption. Notwithstanding the continuous vitriol she faced, Daphne identified many a scandal associated with the governance model championed by the Labour Party in government.

This, in reality, is the wound to be healed. We need to finalise that begun by Daphne by ensuring, as a nation, that the corrupt face the music the soonest. Then the festering wounds of corruption, made worse as a result of a culture of impunity, will start the healing process. The rule of law must prevail without any exception.

The assassination of Daphne is also a heavy blow against good governance.  The public inquiry into the circumstances that led to Daphne’s assassination concluded with identifying the Maltese state as being ultimately responsible for all that happened.

A culture of greed has been reinforced with a culture of impunity.

The change necessary to heal this wound requires considerable courage and goodwill. I am not at present convinced that the political leadership currently in government is acting in good faith. It is a leadership under siege, continuously defending those who have driven this country to the dogs.

Land use planning and our environment are regulated by greed. Agricultural land is slowly disappearing as a result of the planning policies of the PN in government way back in 2006 through the so-called rationalisation exercise. The Labour Party opposed these plans when in Opposition but it is currently in the process of milking them dry to ensure that the greedy are fully satisfied.  Some have already licked their lips! Others are awaiting their turn.

It takes courage to act against greed, when both Parliamentary parties are fully committed to entrenching it as a way of life. They ensure the quality of life of the greedy, but in the process are ruining that of all the rest of us: both the present as well as the future generations.

The current set-up of our Parliament is part of the problem. It is no wonder, that, in this scenario, we are lumped with an electoral system that ensures that the voice of change is silenced by making it as difficult as possible for it to be heard.

Change is hindered as the national institutions are rigged against those who dare to speak up for the representation of a variety of minority views in the country.

As a result of this lack of political goodwill, ADPD-The Green Party is currently in Court contesting the discriminatory nature of this rigged electoral system. It is a constitutional court case that is hopefully approaching its conclusion.

At ADPD-The Green Party, we have long been speaking about the urgent need for electoral reform, focused on the need to ensure that every vote is valued. Until such time, no change can ensure that everybody is on board. One person, one vote, one value.

It takes courage (and political goodwill) to change.

published in The Malta Independent on Sunday: 7 April 2024

Institutional fragmentation obstructs good governance

Some seek to deceive themselves and others when they proclaim their conviction that there is no conflict between the economy and the environment. The current state of affairs in all areas of environmental importance is precisely the result of this conflict.

This conflict is continuously manifested through various natural phenomena: nature’s retaliatory actions to the mismanagement of the earth’s resources. Currently climate change tops the list of nature’s defensive actions in the ongoing conflicts resulting from the impacts of the economy on the environment.

The impacts of climate change effect all of us, but most of all they effect the vulnerable among us. Whether it is floods or drought, extremes of temperatures or rising sea levels, at the end of the day it is the vulnerable and the poor who shoulder most of the burden which results when the earth cries. “Cry of the earth, cry of the poor”, we were told many years ago by Brazilian Franciscan liberation theologian Leonardo Boff. Environmental degradation and social injustice are intertwined.

Emissions to air, sea or land: all of them have an impact, generally a cumulative one, which contaminate in various ways the air we breathe, the sea and its resources and all sorts of natural resources all around us. These impacts generally take time to leave their mark and as a result of this time lag, generally, they are ignored until it is almost too late to act.

Parliament is currently debating the setting up of a Climate Change Authority. Concluding the debate at second reading stage, Environment Minister Miriam Dalli emphasized that climate action requires everyone’s contribution. Yes Minister, that is correct: however, it also requires consistency on the part of the executive. One cannot advocate addressing climate change at the same time as dishing out fossil fuel subsidies, as government has been doing for quite some time.

To address climate change we require a behavioral change. Having public transport available at no cost was a courageous step which seeks to address this behavioral change through encouraging a modal shift in our mobility requirements. On its own, however, this is definitely not enough.

In order to facilitate this modal shift to take place, it is essential that, simultaneously with free public transport one should discourage the use of private transport. Removing the fossil fuel subsidies the soonest would be a step in this direction.

Likewise, the heavy investment in road infrastructure aiming to facilitate traffic management also encourages more traffic on the road. It has been proven by studies carried out in a multitude of other countries that infrastructural interventions in the road network will, in the end, increase traffic congestion because they end up generating more traffic. This is actually happening around us too!

A stronger push towards a behavioral change would address both our deficits: our fiscal deficit as well as our environmental deficit.

The electrification of transport would definitely help in reducing climate change impacts. It will not however contribute to the modal shift in addressing our mobility requirements.

The fact that in most cases travelling distances in Malta are small should facilitate the effort. As emphasized by the National Transport Masterplan we ought to realise that fifty per cent of trips with private cars in the Maltese islands are for distances having a duration of less than 15 minutes. Further, these trips cover an average distance of 5.5 kilometers. This signifies that half of the trips with private cars cover mobility needs within areas which are within easy reach of either local public transport or else can be covered by walking or cycling. Addressing adequately just this statistic could reduce substantially cars from our roads without in any way impacting our mobility needs. In addition, substantial emissions contributing to climate change would also be reduced.

This is what we call a low-lying fruit in the management and implementation of environmental policy. It is an objective which is not so difficult to attain. Yet it is unfortunately ignored.

A positive step taken by the Robert Abela led administration is the apparent shelving of the proposed undersea tunnel between Malta and Gozo. Studies carried out have clearly shown that the economic viability of the tunnel was dependent on increasing by about three times the car movements between Malta and Gozo. As a result, additional environmental impacts would have been created!

I speak of an “apparent shelving” as the matter is not yet clear. Government has not made any statement on its intentions even though it is clear that it has had second thoughts on the whole matter, as it is no longer “a priority”.

The fragmentation of the institutions intended for environmental governance does not lead to good governance. It rather obstructs it. It would have been more appropriate if the functions assigned to the proposed Climate Change Authority had been assigned to the Environment and Resources Authority. The consolidation of environmental functions would be appropriate in view of the smallness of our territories. It would also be more effective.

published on The Malta Independent on Sunday: 25 February 2024

The right to know and the duty to remember

“Those who cannot remember the past are doomed to repeat it.” Attributed to Spanish-American philosopher Jorge Santayana, these words signify not only the duty to remember, but more, the right to know. 

We remember that which we know. How can we remember that which we do not know: that which has been hidden from our view? 

Unfortunately, our society, most conveniently, is, at times, more interested in promoting the right to forget, or better still, the right to be forgotten! Forgetting and consequently ignoring the past always has disastrous consequences.

Transparency is a basic value in any democracy worthy of its name. Without transparency there is no possibility of having any form of accountability. Hiding information, ensuring that it is not accessible, is a common stratagem used by those who want to avoid accountability. Data protection is unfortunately continuously being used and abused in order to avoid accountability.

Data protection rights are unfortunately continuously being abused, as a result, at times, shielding criminal activity. Though well intentioned, the recent decision of the Data Protection Commissioner on the publication of online chats between Yorgen Fenech and Rosianne Cutajar is part of this (unintended) fallout of privacy rights. Though in fairness it has to be stated that it is the publication of the full chats which has irked the Data Protection Commissioner and not the information contained therein.

Reading through the Yorgen/Rosienne chats decision of the Data Protection Commissioner reveals the tightrope negotiated by the Commissioner to try and protect both privacy as well as the right to be informed. It is appreciated that it is always difficult to draw a line as to where privacy ends and public interest reigns.

But then having the full chats published instead of a synthesis, as indirectly suggested by the Commissioner, served the purpose of not quoting out of context. The full context of the chats is essential as this clearly shows the toxic development of a mix of the power of money, sex, and political power. Through what was published it is clear how money and expensive gifts was the price through which a young politician was purchased. This is definitely in the public interest to know.

The right to know is not the satisfaction of a curiosity thirst. In any democracy, the free flow of information is basic and essential. Withholding information or obstruction of access to it should only be an exceptional occurrence.

Unfortunately, rather than being exceptional, the withholding of information or access to it, is fast becoming a normality.

Our Courts are resorting too often to withholding the publication of sensitive information. The court case of the NGO Repubblika challenging the Attorney General’s decision not to prosecute top Pilatus Bank officials will no longer be heard behind closed doors as the original decision has now been reversed. This was another instance where our right to know was being stifled by those same authorities entrusted to defend us! Fortunately, the doors are now open. We have the right to know whether it is correct to state that the Attorney General acted abusively in defending criminality instead of prosecuting it! Has the criminal world captured the state institutions? This is what is at stake in this case! We have the right to know.

The reluctance of government to adhere to Freedom of Information Tribunal decisions is another disturbing matter.  For example, the Shift online news portal has won 40 cases at the Information Tribunal and 18 cases in Court relative to information requested on consultancy contracts and payments made to Saviour Balzan and his companies. Millions of euros of public funds have been used. Government is however refusing to be accountable for this use of these public funds.

What is the purpose of this secrecy? Has the state purchased the collaboration of a section of the media? This is what is at stake here. We have the right to know.

The right to know is basic in any democracy. Transparency and accountability work in tandem. Without transparency, accountability is hampered. A lack of transparency is an essential first step in order to ensure that accountability is avoided altogether.

Transparency is the indispensable foundation of good governance. In contrast, bad governance is generally wrapped in secrecy through the withholding of information which should be in the public domain. Without transparency, accountability is a dead letter: devoid of any meaning whatsoever. Accountability is about responsibility: it signifies the acknowledgement and assumption of responsibility for our actions. This cannot be achieved unless and until transparency is entrenched as an essential element of the operation of the state and public institutions.

Whenever government, public bodies or state institutions are secretive about information which they hold, and refuse or oppose without valid reason requests to release information they give ample proof of their governance credentials.

We deserve better than that.

published on The Malta Independent on Sunday: 28 January 2024

Habitual bypassing of procurement regulations in the public sector

Last Monday the Auditor General published the annual audit report on the Public Accounts for the financial year 2022. He did so, as is customary, after presenting the said report to Mr Speaker for the consideration of Parliament.

The audit report, which is over 300 pages long, contains around 250 recommendations for action meant to address the shortcomings which were identified in this year’s audit report.

The National Audit Office identified five key findings as a result of this year’s audit, namely: limited internal controls, insufficient enforcement of amounts due, a lack of an audit trail, weakness in the payroll system, and, most worrying of all, the “habitual” bypassing of procurement regulations in the public sector.

Various news items in the local media, reporting on the audit report, focused on the issue of the weakness in the tax collection system and the amounts of taxation due which are contested, have not been collected or have been written off. The matter is serious enough.

However most worrying of all is the issue of the “habitual” bypassing of procurement regulations by a number of public sector entities. This denotes the effort to bypass procurement rules, throughout the public sector, and seek corners away from the glaring spotlight of internal controls thereby avoiding proper governance. As a result of this bad practice, in addition to subjecting the public purse to unnecessary expenditure, this distorts competition and locks out various potential suppliers from participating and competing in a fair manner in line with procurement regulations.

This method of operation is unfortunately becoming a common practice in the public sector through the use of direct orders, when these are not necessary, and in particular by the splitting of contracts into a number of smaller contracts to facilitate this practice with ease.

Lack of adequate planning within the various entities is also the cause of non-observance of public sector procurement regulations. At times this lack of adequate planning is the result of administrative incompetence. At other times it is just planned that way and then used as an excuse to facilitate the renewal of contracts without going out to tender. It is also used to justify the use of the negotiated procedure as a result of which a public entity negotiates a contract for services or supplies required with one or two entities.

This is resorted to under “extraordinary circumstances” but the Auditor General chastised at least one department (AACC – The Active Aging and Community Care Department ) for repeatedly avoiding going out to tender and using a negotiating procedure instead.

The Auditor General lists the contracts for the relevant services entered into by the Active Aging and Community Care Department, through the negotiated procedure, namely Cleaning Services, Nursing Services, Meals for Homes, Clerical Services and Domiciliary Services!

The Ministry for Gozo, on the other hand was taken to task by the Auditor General for “habitually” splitting services of substantial value into several contracts in order to facilitate the issue of direct orders instead of issuing a public call for tenders. This is a fragmentation of purchase requirements and is an infringement of procurement regulations. It was authorized directly by the Permanent Secretary of the Gozitan Ministry!

At times one wonders what all those appointed in managerial grades in the public sector are doing. Specifically, one can query the role of Permanent Secretaries in managing and monitoring adequately the departments under their responsibility.

Permanent Secretaries are the top civil servants in the different ministries. Are they properly equipped to manage the Ministries for which they are responsible?

Enforcing accountability and ensuring good governance in the public sector, at the end of the day is the responsibility of each of the Permanent Secretaries in the different Ministries. Through this audit report, the Auditor General is once more drawing their attention as to what needs to be done in order to follow a road map away from bad governance, towards good governance.

An obvious unwritten conclusion of the audit report is that some of the Permanent Secretaries are definitely not fit for purpose. The fact that none have resigned or been fired since the publication of the audit report speaks volumes.

published in The Malta Independent on Sunday: 24 December 2023

The auditor general: enforcing accountability and ensuring good governance

The office of the Auditor General is a fundamental institution of our Republic. The office is attached to Parliament to which it reports on a regular basis.

Together with my colleagues, last week I had a meeting with the Auditor General and his team in order to discuss ADPD’s request for his office to examine the issues arising from the failure of  Enemalta’s distribution network during the July heatwave.

Has Enemalta managed its resources adequately over the years? Is proper planning in operation at the Corporation in order to ensure that the impacts of climate change are contained? The multiple failures of Enemalta’s distribution network indicate a negative response to these queries. Hence the need for an investigation to identify the method of operation of Enemalta over the years, spotlighting the mismanagement and lack of planning which has led to the current state of play. Those responsible must be held to account.

Our request for an investigation of Enemalta operations brings to four the number of pending ADPD requests for investigations on the Auditor General’s desk.

Earlier this year, in April, ADPD had requested an investigation of the Institute of Tourism Studies (ITS) relative to a contract of service entered into between the said ITS and the Honourable Rosianne Cutajar. She was then a Labour Member of Parliament, but is now an independent MP after being squeezed out of the Labour Parliamentary Group.

We had then requested that the Auditor General examine how the ITS could ever receive adequate service as detailed in its contract of service with the Hon Cutajar when the said Cutajar has no competence in such matters. Specifically, ADPD had drawn the attention of the Auditor General and queried as to how a qualified Italian secondary school teacher could advice on the management of the ITS including its financial management, an area in which it is public knowledge that Cutajar has no competence whatsoever.

Another request for an investigation submitted in January 2022 by ADPD concerns the golden handshakes received (mostly) by members of Cabinet whenever heads roll or Cabinets change. The criteria for the utilisation of public funds in such cases have to be clear and should not to be tailor-made and adjusted every so often by those directly concerned or earmarked to benefit.

Of particular concern is the lack of transparency as well as a lack of adequate oversight in this important area of expenditure. So far little feedback has been forthcoming. With rumours of another imminent Cabinet reshuffle intensifying, the importance of an early conclusion of this investigation is considerable.

A third investigation requested by ADPD concerns the Department of Revenue and its practice of offsetting taxes due with pending payments. As far as is known, this is being done without clear rules and robust oversight. Way back in May 2021 ADPD had requested the Auditor General to examine this practice in depth. Any deals on the offsetting of taxes due must stand up to public scrutiny. It must also be subject to robust oversight procedures.

If this is not done, we could have a serious problem on our hands. In a press statement issued on 19 May 2021 I had stated that “Any suspicions that tax reductions are a ‘thank you’ for any donations to the party in government must be swiftly dispelled.”

If properly done offsetting taxes due with pending payments may be a valid tool for the proper management of public funds. There is however a real danger that without proper oversight this practice could camouflage suspicious deals which at the end of the day further fund illegal political party financing.

The office of the Auditor General has a central role in ensuring that the public sector is transparently governed and accountable for all its actions and operations. It is likewise our duty at ADPD to draw its attention to investigate areas which in our opinion require careful scrutiny. We do this in the belief that the office of the Auditor General is a fundamental institution, essential for the good governance of our Republic.

The proper functioning of the republic’s institutions is the only effective guarantee for good governance and accountability.

published in The Malta Independent on Sunday 13 August 2023

Id-demokrazija lokali tista’ tħares l-ispazji urbani mħaddra

Għandna ħtieġa ta’ iktar spazji mħaddra fiz-zoni urbani. L-ispazji mħaddra huma ta’ għajnuna biex insaħħu, u fejn meħtieġ nistabilixxu mill-ġdid il-kuntatt tagħna man-natura. Dawn il-kuntatti ħadu daqqa sewwa riżultat tal-iżvilupp eżaġerat ta’ madwarna. Dan kollu hu ħtija ta’ Awtorità tal-Ippjanar li tat prijorità lill-iżvilupp esaġerat a skapitu tal-kwalità tal-ħajja tagħna lkoll.

Il-Kunsilli Lokali għandhom rwol importanti ħalli jassiguraw il-ħarsien tal-ispazji miftuħa mħaddra biex dawn ma jispiċċawx għalf ħalli jissodisfaw l-aptit tal-iżviluppaturi. Il-parti l-kbira tal-Kunsilli Lokali jsemmgħu leħinhom biex jiddefendu lill-lokalità tagħhom. Sfortunatament ma hemm l-ebda garanzija li jistgħu jaslu u dan għax il-gvern lokali hu biss ittollerat mill-gvern ċentrali.

L-aħħar eżempju, dak tal-Kunsill Lokali tal-Gżira, immexxi b’tant għaqal mis-Sindku Conrad Borg-Manché, għandu jkun ta’ twissija għal kulħadd. Fil-battalja legali li l-Kunsill Lokali tal-Gżira fetaħ dwar il-ġnien pubbliku kontra l-Awtorità tal-Artijiet ġie stabilit b’ċertezza li din l-Awtorità naqset milli twettaq żewġ miżuri bażiċi ta’ governanza tajba: naqset milli tkun trasparenti f’ħidmietha u naqset ukoll milli tikkonsulta mal-Kunsill Lokali tal-Gżira. 

Din hi problema li qed titfaċċa ta’ sikwit min-naħa tal-gvern ċentrali u l-agenżiji tiegħu li għandhom ħabta jibqgħu għaddejjin romblu minn fuq il-kunsilli lokali f’Malta u Għawdex. Il-gvern ċentrali għadu mhux komdu li jaġixxi f’kuntest fejn tirrenja s-sussidjarjetà u d-demokrazija lokali u dan minkejja li l-kunsilli lokali ilhom magħna għal kważi tletin sena.

Kemm il-darba jsir xogħol bil-galbu hi politika tajba li ninvestu fl-iżvilupp ta’ spazji miftuħa fiż-żoni urbani u l-madwar, u li dawn inħaddruhom.  Ikun, imma, għaqli jekk l-ewwel u qabel kollox inħarsu l-ispazji mħaddra li diġa għandna fiz-zoni urbani.

Ħarsu lejn il-ġnien pubbliku tal-Gżira u l-ġara tiegħu l-pompa tal-petrol.  Dawk li jfasslu l-politika tal-Awtorità tal-Artijiet u dik ta’ Project Green għandhom jaħsbu ftit dwar x’futur jista’ għandhom il-pompi tal-petrol. L-elettrifikazzjoni tal-karozzi daqt magħna u konsegwenza ta’ hekk ftit ftit tibda tonqos l-utilità tal-pompi tal-petrol, sakemm ma jkollniex bżonnhom iktar.  Hemm imbagħad il-mira tal-istrateġija tal-iżvilupp sostenibbli li l-karozzi fit-toroq jonqsu b’41 fil-mija. Dan kollu għandu jwassal b’mod loġiku għall-konsiderazzjoni li iktar jagħmel sens li tispiċċa l-pompa tal-petrol biex tagħmel il-wisa’ għal ġnien pubbliku ikbar. Dan jagħmel sens ferm iktar milli joqgħodu jnaqqru biċċiet mill-ġnien pubbliku biex ikabbru d-daqs tal-pompa tal-petrol!

Meta jirnexxielna nreġġgħu lura l-impatti tal-iżvilupp, nagħtu spinta tajba biex intejbu l-kwalità tal-ħajja ta’ kulħadd, mhux biss fil-Gżira!  Huwa f’dan il-qasam fejn jista’ jkollna bidla bis-serjetà fil-politika u l-azzjoni relattiva dwar l-ispazji miftuħa u mħaddra fiż-żoni urbani tagħna.  Hu faċli li troxx il-fondi pubbliċi fuq art abbandunata jew art fi stat ta’ telqa: €700 miljun faċli tonfoqhom b’dan il-mod! L-isfida qegħda biex tkun indirizzata l-ħsara li l-iżviluppaturi jikkawżaw fl-infrastruttura urbana li hi tant essenzjali biex nibqgħu f’kuntatt man-natura. Dan il-kuntatt tant essenzjali, jzommna b’saħħitna, anke mentalment, u jgħin sostanzjalment biex titjieb il-kwalità tal-ħajja!

Din hi t-triq realistika l-quddiem. Jeħtieġ li l-prinċipju tas-sussidjarjetà jkun prinċipju bażiku tal-governanza tajba kif ukoll li nassiguraw li jkunu l-Kunsilli Lokali li jmexxu dak kollu meħtieġ għall-iżvilupp u ż-żamma f’kundizzjoni tajba tal-infrastruttura urbana lokali, inkluż l-ispazji miftuħa mħaddra.

Il-Gvern ċentrali, permezz tal-Awtorità tal-Artijiet u Project Green, għandu jservi lid-demokrazija lokali flok ma jkompli jipprova joħnoqha.

Din hi l-lezzjoni li toħroġ mill-ġnien tal-Gżira.

ippubblikat fuq Illum: 7 ta’ Mejju 2023

Local democracy can protect our urban green spaces

We need more green open spaces in our urban areas. Green open spaces help us strengthen and where necessary re-establish our links with the natural world. These links have been severely impacted by the overdevelopment around us and by a Planning Authority which has prioritised overdevelopment at the expense of our quality of life.

Local Councils have a very important role to play in order to ensure that existing green open spaces are protected and do not continue to serve as fodder for the development lobby. Most Local Councils speak up to defend their locality. Unfortunately, success is not guaranteed as local government is, unfortunately, merely tolerated by central government.

The latest case, that of the Gżira Local Council, ably led by its Mayor Conrad Borg-Manché, should be an eyeopener. In its legal battle on the threatened public garden, the Gżira Local Council established beyond doubt that the Lands Authority failed the basic tests of good governance: the Lands Authority did not act transparently and in addition it has failed to consult with the Gżira Local Council.

This is a recurring problem with central government and its agencies who unfortunately tend to ride roughshod over local councils in Malta and Gozo. Central government is not yet sensitised to subsidiarity and local democracy notwithstanding that local councils have been around for almost thirty years.

Investing in the development of new green open spaces in our urban areas, or within easy reach, is good policy, if done properly. It would be much better, however, if existing green spaces in our urban areas are adequately protected. Much still needs to be done to achieve this objective.

Consider the Gżira public garden and its neighbour the fuel station. Policy makers at the Lands Authority and at Project Green should think about whether fuel stations have any future at all. The electrification of transport is in the pipeline and consequently it is only a question of time before fuel stations start the countdown leading to their disappearance. Coupled with the sustainable development strategy targeted reduction of 41 per cent of cars on the road this should lead to the logical consideration that it makes more sense for the fuel station to make way for an enlarged public garden instead of having parts of the public garden being nibbled away by the fuel station.

Reversing the impacts of development, for a change, could do wonders for our quality of life, not only in Gżira! This is where real changes are required to policies and action relative to the provision of green open spaces in our urban areas. It is relatively easy to splash public funds on abandoned or derelict land: all 700 million euros of it. The real challenge is where the development lobby is destructing or has already destructed the urban infrastructure which should keep us in contact with nature and as a result enhance our sanity and quality of life!

This is the realistic way forward. We should seek to apply subsidiarity as an operating principle of good governance, and ensure that local authorities take the lead in all matters concerning the development and enhancement of the local urban infrastructure, including that is, of green open spaces.

Central government, in this case through the Lands Authority and Project Green, should be at the service of local democracy instead of continuously seeking ways to strangle it. The local voice should lead the way and it should not be suffocated any longer.

This is the basic lesson from the Gżira garden saga.

published in The Malta Independent on Sunday: 7 May 2023

Without transparency, accountability is hampered

Earlier this week I was called by the Auditor General to his office in order to discuss the request for an investigation which I had submitted to his office some 15 days ago on behalf of ADPD. My request for an investigation was relative to the contract of service entered into between the Institute for Tourism Studies (ITS) and the Honourable Rosianne Cutajar, then a Labour member of parliament, now turned independent after being squeezed out of Labour.

As pointed out earlier in this column (The role of members of Parliament: TMIS 2 April), the issue is not an investigation of Rosianne Cutajar. It is rather an investigation into the operation of the Institute for Tourism Studies (ITS): whether it has engaged a consultant to its CEO to carry out responsibilities in respect of which the said consultant had no knowledge or competence, as is public knowledge.

An examination of the contract entered into between the Honourable Cutajar and ITS lists the areas of responsibilities which she was expected to shoulder: primarily issues of financial management. These responsibilities fall substantially outside the competences of a qualified Italian secondary school teacher. The contract in question is one which was hidden from public view until it was released by Shift News on the 23 March after it had obtained a copy as a result of a Freedom of Information request.

The inquisitive and investigative free press is shining a light on secretive acts carried out by the public sector: this is what transparency is about. Without transparency there is no way that we can ensure a shred of accountability.

The Auditor General informed me that he had called this meeting to hear my views, prior to his taking a decision on whether to proceed with the investigation and subsequently inform the Speaker of the House of Representatives of his findings.

Good governance does not stand a chance of ever taking root if this is how decisions are taken in the wider public sector. It is about time that all decision-takers start shouldering responsibility for the decisions they take. This ITS contract is one small example of abusive behaviour which needs acting upon immediately. It is not only politicians who must be accountable.

The management of public funds is tied with a duty to act in a responsible manner. All those who manage public funds must be in a position to account minutely for their actions. At the end of the day, it is the Auditor General who is entrusted by Parliament to monitor and report on the matter. Hopefully in the not-too-distant future we will be informed exactly what happened and who is actually responsible.

Transparency and accountability work in tandem. A lack of transparency is normally the first step to try and ensure that accountability is avoided.

Transparency is the indispensable foundation of good governance. In contrast, bad governance is generally wrapped in secrecy through the withholding of information which should be in the public domain. Without transparency, accountability is a dead letter; devoid of any meaning. A lack of transparency transforms our democracy into a defective process, as basic and essential information required to form an opinion on what’s going on is missing. After all, accountability is about responsibility: it signifies the acknowledgement and assumption of responsibility for our actions. This cannot be achieved unless and until transparency reigns supreme.

Whenever government, or public bodies, are secretive about information which they hold, and refuse or oppose without valid reason requests to release information under the provisions of the Freedom of Information Act they give ample proof of their governance credentials.

Transparency is a journey, not a destination. We have to work hard at ensuring transparency continuously. It is a long journey, one which never ends.

Rules and laws will not bring about transparency. It will only result whenever each one of us opts to do what is right and not what is expedient. Our actions speak much louder than words.

published in The Malta Independent on Sunday: 16 April 2023

L-integrità fil-ħajja pubblika

L-OECD (Organizzazzjoni għall-Kooperazzjoni Ekonomika u l-Iżvilupp) għadha kif ippubblikat tlett rapporti dwar aspetti differenti tal-integrità tal-ħajja pubblika f’Malta. Dan għamlitu bħala parti mill-proġett iffinanzjat mill-Unjoni Ewropeja dwar it-tisħiħ tal-ħidma tal-uffiċċju tal-Kummissarju għall-Istandards fil-Ħajja Pubblika.

L-ewwel rapport hu dwar kif il-leġislazzjoni eżistenti tista’ titjieb filwaqt li t-tieni wieħed hu dwar it-titjib organizzattiv meħtieġ fl-uffiċċju tal-Kummissarju għall-Istandards fil-Ħajja Pubblika. It-tielet rapport fih rakkomandazzjonijiet dwar ir-regolamentazzjoni tal-lobbying.

It-tlett rapporti fihom total ta’ 71 rakkomandazzjoni li l-esperti u l-konsulenti tal-OECD iddiskutew mad-diversi persuni u organizzazzjonijiet li ltaqgħu magħhom f’Malta. Mingħajr ma innaqqas mill-mertu ta’ dawn it-tlett rapporti irrid nemfasizza bi kważi ċertezza li l-parti l-kbira ta’ dawn ir-rakkomandazzjonijiet kienu ilhom preżenti fid-dibattitu politiku lokali għal żmien konsiderevoli. Sfortunatament dawn ġew repetutament injorati mill-partiti fil-parlament.

F’dawn il-paġni jiena ktibt diversi drabi dwar il-ħtieġa li nirregolaw il-lobbying fil-pajjiż. Il-lobbying huwa parti essenzjali mill-proċess demokratiku. Jeħtieġ, iżda, li jkun trasparenti. Sentejn ilu, il-Kummissarju għall-Istandards fil-Ħajja Pubblika Dr George Hyzler, ippubblika dokument konsultattiv dettaljat dwar il-mod kif nistgħu nirregolaw il-lobbying fil-pajjiż. Wara sentejn, iżda,  għadu ma sar xejn: il-proposti tiegħu għadhom qed jiġu “studjati”! Hi sfortuna li s’issa l-partiti fil-parlament ma jidhrux li huma interessati.  

Il-ħolqien tal-uffiċċju ta’ Kummissarju għall-iStandards fil-Ħajja Pubblika kien pass tajjeb ħafna, avolja kien hemm ħafna dewnien u tkaxkir tas-saqajn sakemm il-liġi għaddiet mill-Parlament.

Dan l-uffiċċju jeħtieġ li jkun allinejat kemm mal-uffiċċju tal-Ombudsman kif ukoll mal-Uffiċċju Nazzjonali tal-Verifika. Meta tqishom flimkien dawn huma tlett funzjonijiet essenzjali biex il-governanza tajba tinfirex u tissaħħaħ fl-oqsma kollha tal-amministrazzjoni pubblika.

It-tlieta li huma qed jagħmlu xogħol utli.  Jistgħu jkunu anke aħjar kieku jkollhom inqas tfixkil kull meta jkunu jeħtieġu informazzjoni biex jeżaminaw dak li jkollhom quddiemhom.  Ir-rapporti tal-OECD jezaminaw il-liġi Maltija li biha twaqqaf l-uffiċċju ta’ Kummissarju għall-iStandards fil-Ħajja Pubblika u jigbdu l-attenzjoni għad-diversi oqsma fejn jista’ jsir titjib biex ikun assigurat li l-indipendenza tal-Kummissarju tkun imħarsa b’mod prattiku.

Il-pubblikazzjoni tal-files Uber, iktar kmieni din il-ġimgħa, wrew li hemm bosta gvernijiet u istituzzjonijiet oħra (inkluż l-Unjoni Ewropeja) li minkejja li għandhom biżibilju liġijiet u regolamenti dwar il-lobbying, xorta nqabdu fuq sieq waħda. Għax li jkollok il-liġijiet li jiregolaw il-lobbying mhux biżżejjed: neħtieġu ukoll ir-rieda politika biex nimplimentawhom. Bosta drabi din ir-rieda politika ma teżistix!  

Il-kontabilità, it-trasparenza u l-governanza tajba huma ferm iktar minn slogans: huma valuri fundamentali li fuqhom jinbena l-istat demokratiku modern.  L-uffiċċju tal-Kummissarju dwar l-iStandards fil-Ħajja Pubblika, l-Ombudsman u l-Uffiċċju Nazzjonali tal-Verifika huma parti integrali mill-infrastruttura demokratika li hi essenzjali biex dawn il-valuri jrabbu għeruq b’saħħithom fl-istituzzjonijiet u s-soċjetà tagħna.

Madwar tnax-il xahar ilu l-Ombudsman kien indika li ma kellux intenzjoni li jaċċetta li l-ħatra tiegħu tkun imġedda. Ghad ma ġiex identifikat min ser jinħatar floku avolja qed jingħadu bosta affarijiet dwar dak li għaddej bejn il-partiti parlamentari  huma u jiddiskutu dwar min jista’ jinħatar.  Sadanittant Dr George Hyzler ser ikollu jwarrab ukoll  għax inħatar mill-Gvern Malti fil-Qorti Ewropeja tal-Awdituri. F’dan il-mument delikat ser ikun hemm post ieħor vojt.

Jekk verament nemmnu li f’dan l-istat demokratiku l-istituzzjonijiet għandhom valur, huwa essenzjali li dawn il-vakanzi jimtlew illum qabel għada. F’ġieh is-serjetà fil-ħajja pubblika hemm bżonnhom bla ħafna iktar dewmien.

ippubblikat fuq : Illum 17 ta’ Lulju 2022