Hail, Heritage Malta

The Cultural Heritage Act is a holistic legislative instrument regarding the cultural heritage of the Maltese Islands and people. It is a fine example of legal drafting. That is, if it is taken at face value. And yet... just as the Three Witches in Shakespeare's Macbeth pronounced their Hails, circumstances were unfortunately such as to lead to the horrific tragedy climaxing the play.

It is hoped that Heritage Malta and its accompanying entities become and remain hale and hearty. There are absolutely no subterfuges. There is no hidden agenda or obscure pronouncements. The objective of this "dream" is that all goes well. Prima facie there should be no suspicions that it should be otherwise.

The legal structure is well planned. One has yet to see how the whole issue will be addressed. There can be no doubt as to the good intentions and capabilities of the members of the entities. All those appointed by the Minister of Education, who piloted the bill through Parliament, are well-meaning and have a good track record of the matter in and for which they have been involved.

In the ultimate analysis it is the minister who will be responsible before Parliament and therefore the people of Malta and Gozo. So that the persons involved are in duty and conscience bound to have and show the political and personal will to perform according to this Act.

In the last issue of this column comments centred round the Super-intendence and the interpretation of such important issues as cultural heritage, exploration, investigation, protection and conservation. This office integrates the kingpin of the whole structure. If a comparison is to be made the Superintendence is like the executive management of a factory. While the building structure is soundly completed, the mission statement clearly outlined, the machinery installed and any other needed for eventual development also described, there are other problems facing management.

Problems which are fundamentally important for the day to day function and running of the "heritage factory" - so to describe it for argument's sake - depends specifically on essentials as human resources structure and the all important funds. This last is to be taken to mean how to obtain funds through grants, advances, loans, investment and the careful well balanced annual estimates of the various entities.

Financial provisions

The first article of Part V of the Act setting out financial provisions gives a stern warning. The entities are expected to "so conduct their affairs that the expenditure required for the proper performance of their functions shall be met out of their revenue". This unequivocal instruction is somewhat softened since it is conditioned by the phrase "as far as practicable".

In the first place entities shall levy fees, rates and other payments as provided by the law. Secondly, sums shall be paid to the entities from the consolidated fund as authorised by the House of Representatives for infrastructure works and capital expenditure. Any excess that may ensue from these funds shall form the Reserve Fund. Otherwise such excess may be invested with the approval of the minister. These payments depend of course, on the political will of the government after discussion in the House.

An entity has power to borrow capital for its needs. This is subject to the approval for the Education Minister after consultation with the Finance Minister if the amount exceeds Lm50,000.

Loans, liabilities and advances may also be made by Government. The Finance Minister shall give notice of such transactions to the House. The Treasury Clearance Fund will monitor and take charge of these transactions.

The entities are bound to prepare annual estimates of its income and expenditure.

Heritage Malta

The entities being mentioned are Heritage Malta, the Centre for Restoration, the Cultural Heritage Fund and the Committee of Guarantee. The first three entities and the Superintendence are bodies corporate. They have a juridical personality. They may enter into contracts and perform any transactions within the parameters of the Act. They shall receive and manage all monies paid to them under the provisions of this Act.

Heritage Malta shall act as the operating agency. In this capacity it shall protect and make accessible to the public all elements of the national heritage entrusted to it.

To quote the relative article, the agency "shall be capable of entering into contracts, of acquiring, holding and disposing of any kind of property for the purpose of its functions, of suing and being sued and of doing all such things and entering into all such transactions as are incidental or conducive to the exercise or performance of its functions".

The restrictive conditions are two. The first is that the capability is "subject to the provisions of this Act". The other proviso is that exercise or performance of functions must be those mentioned in the Act.

Centre for Restoration

The Centre for Restoration is established by the Minister of Education and the University of Malta. The Act has in effect re-established and reconstituted the centre as a body corporate. The conditions and rights applicable to the other entities are also mutatis mutandis applicable to the centre.

"The mission of the centre is to become a centre of excellence for the teaching, training, research and practice of conservation, restoration, maintenance and presentation of the cultural heritage." It also provides conservation and restoration services and consultation as may be required by other bodies both public and private.

An important function of the board of governors is "to ensure collaboration with local and foreign bodies, necessary for achieving the aims of the centre." This is truly appropriate and in keeping with the old adage "no man is an island".