(In)effective environmental management

Some environmental NGOs and individuals wholeheartedly believe that the Prime Minister's move to take the "environment" portfolio under his wing during this legislature is a step in the right direction. I am not so convinced and I will explain why.

In the previous legislature and in particular during the run-up to the elections, Mepa was receiving a lot of (generally well-deserved) flak. Opinion polls showing that the people believed that Mepa was a sick organisation left Dr Gonzi with no option but to heed the electorate's negative perception of Mepa and promise to take it into his hands, thus temporarily soothing voters' concerns. True to his word, Dr Gonzi immediately took over the environment portfolio with the main thrust being the reform of Mepa.

Although there is no doubt that Mepa was/is in dire need of reform, I do not believe that the transfer of Mepa (and the environment portfolio with it) to OPM was the best option in the circumstances, for the following reasons.

Firstly, contrary to public perception, Mepa is not a single agency, but two distinct agencies merged into one authority. It is made up of the Planning Directorate (the one which takes the controversial decisions regarding land use, permits and projects), and the Environment Protection Directorate (EPD) which is responsible for the implementation of numerous policies and regulations, mainly arising from EU Directives. The problems and issues of one directorate are very different to those of the other. While the Planning Directorate and its boards require a revamp of the decision-taking procedures and structures, the EPD's main problems are related to understaffing and resources and the lack of political will to implement the sorely needed regulations.

I fear that the problems associated with the Planning Directorate, given their more controversial and visible nature, will overshadow those of the Environment Protection Directorate. The EPD is already the Cinderella of Mepa and seems destined to remain so. Although shouldering enormous responsibilities, it remains (intentionally?) deprived of the resources it needs to work effectively. Its inability to be a strong regulator is manifested by the poor state of Malta's environment. The environment has continued to deteriorate since our joining the EU on practically all counts - water, air quality, agricultural land loss, greenhouse gas emissions and many more. I strongly fear that this sorry state of affairs will persist despite the Mepa reform - especially since the discussions about the reform seem to be completely focused on the planning and permitting procedures and not on the real and equally important needs of the EPD.

The transfer of Mepa into the Office of the Prime Minister may give the impression that the environment portfolio, in its totality, now falls squarely under the responsibility of the Prime Minister. That is, it is a one-stop shop for environmental matters. However this is not the case. There are other agencies (or rather regulators and/or authorities) which are also responsible for the environment and which will remain outside of Mepa and the OPM. Chief among these is the Malta Resources Authority (which is responsible for Malta's water, energy and mineral resources) and which now falls within Minister George Pullicino's remit. There have been gaps (and in some cases overlaps) between the responsibilities of the EPD/Mepa and MRA in the past, and it seems that this undesirable situation is set to continue.

For example, it is not clear as to which authority is responsible for the regulation of stormwater; while MRA is responsible for "the regulation of all practices relating to water resources, drainage and sewage", Mepa is the competent authority for "surface waters" as per the EU Water Framework Directive. Similarly, the regulations stipulating the need for buildings to be energy-efficient fall under the MRA Act, but it is Mepa that receives and vets building applications.

While Mepa (now within OPM) has a Climate Change team responsible for mitigation and adaptation for climate change and for preparing Malta's negotiating positions in connection with greenhouse gas emissions with the EU and the UN, Minister George Pullicino recently launched a Climate Change Committee with the remit of developing a Climate Change Plan that will see us through until 2020. This is truly mind-boggling.

In my opinion, it would have been a much more intelligent and wiser decision if the Prime Minister had merged the Environment Protection Directorate of Mepa with the largely ineffective MRA, so that Malta could have a single strong environment agency, with clearly defined roles and responsibilities - as is the case in other countries. As things stand, the administrative (and enforcement) capabilities of those agencies responsible for the safeguarding of our environment are spread too thin to be effective.

I also suggest that this new environmental agency be headed by a determined and dedicated Minister for the Environment, one who can truly champion the environmental agenda in this country. The Prime Minister has too much on his plate to be able to handle the demanding environmental agenda effectively.

Even Mepa reform, which is just the tip of the iceberg, is proving to be a daunting task. One only needs to look up the organisation chart of OPM (www.opm.gov.mt/pics/pdf/opm_organigram_Jul_08.pdf) to note that Mepa lies on the last page of a five-page chart, on the same page as the Government Printing Press, together with a multitude of other agencies that the Prime Minister is directly responsible for. It is interesting to note that the National Commission for Sustainable Development also lies on the same page.

This very important commission has failed to register any significant progress since its formation in 2002, and it is reported that it has not met in years.

Even with all good intentions, it is simply impossible to achieve good governance in environmental issues with the present system. I hope that the current discussion on Mepa reform will be as holistic as possible. But until a dedicated, strong Minister for the Environment is introduced into Cabinet, and, just as importantly, until all other ministers recognise and commit to sustainable priorities, I fear that these will remain a chimera, just like the sustainability plan for the Maltese Islands.