Thursday, 30th October 2008

Kirkop council makes rallying call after court sentence

Claudia Calleja

The Kirkop local council is rallying other councils to express disapproval at a recent court judgment which said it has no legal right to file a constitutional case over a development in the village.

Kirkop mayor Mario Salerno asked all local councils to turn up outside the President's Palace in Valletta tomorrow at 10 a.m. to stand up for their right to protect their locality's interests.

The council had filed a constitutional application, in the First Hall of the Civil Court, over the granting of an outline development permit for the relocation of a Multigas plant from Sta Venera to Kirkop.

In the application the local council argued that the Planning Appeals Board (PAB) dealing with the Multigas permit was not independent and impartial.

Among other things it said that the Malta Environment and Planning Authority (Mepa), in 2000, was a party in the case before the PAB, financed the board and the Mepa chairman (at the time) was the architect of Multigas. Although the chairman had declared a conflict of interest, and stepped down in this case, he remained present during the process.

The Kirkop council filed the case against the Attorney General, the PAB, Mepa, Multigas, the Development Control Commission, architect Joseph Dimech and lawyer Kevin Aquilina.

The Attorney General argued that the local council did not have the legal right to the constitutional application because, according to law, it could only give its advice and be consulted on planning issues.

The local council insisted that it had a right to file a case in the interest of its residents.

In a judgment handed down last week, Mr Justice Geoffrey Valenzia noted that the law laid down that such an application could be filed "by any person, non-governmental organisation or group of individuals". A local council, funded and granted its powers by the government, did not fall under this definition and, therefore, the Kirkop local council had no right to file the case.

In a statement yesterday, Mr Salerno asked for the backing of the other local councils. He asked them to contribute €30 each and join as parties in the appeal to the court judgment. The appeal has to be filed by today week.

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Article © Allied Newspapers Ltd., printed on Sunday, November 8, 2009. This article is for personal use only, and should not be distributed.

Comments

C.Gatt (on 31/10/08)

@C.Gauci
Never did the Kirkop council support the M'Scala during the recycling saga. Whether this is tit 4 tat is not for me to say. If one just shrugged their shoulders when there was M;Skala taking a beating (with no help except for the surrounding councils of Zejtun and Zabbar) thanking their lucky starts that the recycling plant is not going to be placed in their locality...then do not expect anything else today from us except to shrug our shoulders and continue with our lives.
You are only writing those words because now you are getting a very small taste of what we got here.
Best of luck

C. Gauci (on 31/10/08)

Mr. C GATT you are being most unfair with the Kirkop Council. This is not a question of a tit for tat situation. For your information the Kirkop Council did support the Marsaskala Local Council in its fight against the Sant’Antnin recycling plant especially on the legal aspect, for as you are not aware the Marsascala Council has an identical Constitutional case file against the legality of the MEPA Appeals Board. So let’s not jump into conclusions not knowing all the facts. YES, full support should be given to the Kirkop Council by his fellow Councils. This decision will reflect on all the Local Councils throughout Mlata and Gozo.

C.Gatt (on 30/10/08)

Where was the Kircop council when M'Scala was fighting a massive battle against the recycling monster ? What €30 did it contribute to M'Scala to help fight the smelly giant ?

Now you want us to rally behind you?

Sandro Mallia (on 30/10/08)

Alberto Fiorentino
One mustn't be selfish. It's not a question of ' What's in it for me?'. Although at the end of the day it does concern all the Councils throughout Malta and Gozo. It's the principle of the matter. Should Local Councils have the right to contest a case on behalf of their residents or are they just there to have the bills paid or for the upkeep of the pavements. If you like it is a form of burden sharing.

l Galea (on 30/10/08)

This is nit-picking on the exact words of the law instead of its general tenor.
The Government is there to defend the citizens.
The local Council is the local government which should also defend the interests of the residents of the locality.
This is one instance where I support the local council.

albert fiorentino (on 30/10/08)

So what about us who live in St Venera .Should we join the protest ? Why should we pay 30 euros for the previlige? We have lived with this for countless years . Dear Mr Mifsud its called burden sharing.

R. Magri (on 30/10/08)

Power to the Councils. This ought to be one of the reforms that the Local Councils should obtain as a third party in not being hindered in filing a case against the said authorities on behalf of the residents. Its absurd to think that such a decision by the Court had to be given against the Kirkop Council. All Councils should participate in this Appeal. Well done Mr. Salerno.

John Xuereb (on 30/10/08)

One for all, all for one. Now it's time for unity within the Local Councils whatever there creed. If the appeal is won and I am positive that it will be so for Judge Valenzia wanted to wash his hands off this case. Victory will be celebrated by all. Good luck Kirkop.

Christian Gauci (on 30/10/08)

So after 8 years, The constitutional court decided that Local Councils do not represent the People but the government. Then how come the councillors are elected by the residents and not appointed by the government. Does this mean that the councillors represent nobody? The power of the local councils is given by the constitution and funded by the government just like the courts. I hope that Kirkop council does not give up the fight. I am going to contribute the 30euros.

J.P Gatt (on 30/10/08)

Mayor Salerno if your colleagues, the other 67 Local Councils do not come forward with the sum requested €30, rest assured us residents will help.

P.J Caruana (on 30/10/08)

If I was just an ordinary Councillor I will be first in line to contribute €30 in aid of the Kirkop Council to lodge the appeal against the sentence that Local Councils have no legal right to safeguard the residents' interest. I would add that the Marsascala Local Council together with Zejtun, Zabbar, Fgura, Tarxien, Ghaxaq and Gudja should not hesitate in forking out this meaningless sum to Mayor Salerno in his quest,. After all they have an identical Constitutional case over the constitution of the Mepa appeals Board. Well done Mr. Salerno if I were you I will seek the help of the Local Council's Association. This is an unjust decision that our Local Councils cannot file a case in front of these authorities on behalf of the residents especially after so many year fighting this case. If this is the case the Council are useless. This is not a political issue so all the Local Councils should participate in the rally and help finance the Kirkop Appeal for it is in their interest to obtain the right to file a case on behalf of the residents.

T Mifsud (on 30/10/08)

Well done Kirkop council. Do not give in your rights!

Kirkop council makes rallying call after court sentence

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