Ombudsman's report

The report on the Ombudsman's report regarding the consultation process on the local plans, particularly at Santa Maria Estate (April 24) does not give a complete picture of what was stated in the report.

For example, the Ombudsman commends Mepa in that, rather then limiting itself to "make representations" as required by the law, it "chose a broader interpretation and embarked on a process of proper consultation in the preparation or review stage thus allowing the opportunity of a significant contribution to the democratisation of the planning process".

The Times' report also fails to state the Ombudsman's conclusion that there was no act of maladministration in the whole process of public consultation regarding the local plans. The Ombudsman confirms that both Mepa and the ministry acted on legal advice. The ministry reiterates that there were two legal opinions given separately which confirm that the procedure as subsequently adopted by Mepa was the legally correct one.

The opinion of the Ombudsman is not as clear-cut as The Times' report claims. For example his report states "it is not correct to state that as the law stands...the consultancy process should be repeated every time there is substantial change in the subsidiary plan or its review, as the Auditor seems to suggest." It qualifies this statement with the need to consult if there are new "matters" which were not previously subject to public consultation.

Furthermore, The Times also fails to state that in reacting to the Auditor's report, both the ministry and Mepa acknowledged that they are willing to consider amendments to legislation in order to avert similar instances in future. The Ombudsman's report acknowledges that this will need to be done "within definite parameters that would not unduly delay the definition of planning policies and projects".

The ministry is informed that a meeting was held between the Ombudsman and Mepa officials. Issues raised in the Ombudsman's report were discussed and clarified with a view to improve consultations in the planning process. This is in line with the minister's stated willingness to consider improvements to the public consultation process. It is also in line with this government's track record as it was a Nationalist government which introduced and over the years improved public consultation in the planning process.