Minister asked to do away with decentralisation of local tribunals

Opposition spokesman José Herrera yesterday called on the minister responsible for local councils to do away with the decentralisation of the local tribunals but to leave the councils' power to have their commissioner of justice, prosecutor and also to be able to collect fines.

Speaking during the debate in second reading of the Local Councils Act (Amendment) Bill, Dr Herrera said the system has failed. Although in the past the commissioners of justice had jurisdiction over petty offences, with the process of decriminalisation they now had jurisdiction over actions that might have serious consequences.

He said it was anti-constitutional to allow a situation which makes it impossible for persons brought before such local tribunals to find legal assistance. These local tribunals, and also the Consumer Tribunal for that matter, had brought about a situation where persons appearing before these tribunals find it impossible to have legal assistance. Although all the acts of arbitration pass through the Arbitration Centre, all the sittings are held in court thus ensuring legal assistance to the parties.

Earlier, Dr Herrera said there were instances where the proposed amendments encroached upon the councils' autonomy. Since councillors are elected through a democratic process and are voted in by the locality's residents, their autonomy is to be reinforced and not restricted. He pointed out that the Bill stated that a decision taken by a local council should not go against the policy that is drawn up by the Minister after consultation with the Local Councils Association.

Dr Herrera argued that councillors who are democratically elected were to be autonomous and free from interference. Moreover, although on a collective basis they may form part of political parties, they are not to be dependent on policies that are drawn by the minister. He, therefore, suggested that this clause is either removed or else redrafted to clearly indicate the autonomy of the council.

Dr Herrera criticised the proposal that the executive secretary is to be approved by the Minister and selected from a pool of persons established for this purpose. He said this was another instance of interference by the central government.

In line with the autonomy of the councils, it ought to be their prerogative to choose the person to act as executive secretary who essentially holds the function of general manager.

He criticised those councils who in the past contracted administrative secretaries for a term longer than that of the councillors, and therefore forced their successors to retain such persons in employment.

Furthermore he heavily disapproved of those councils who in such engagement contracts undertook considerable penalties should the council decide to terminate the engagement of that administrative secretary. While it is good to address abuses or mistakes that occurred in the past this is not to be addressed by removing the power of the council but only by regulating such powers.

Dr Herrera said the Bill clarified that local councils may enter into private/public partnerships to carry out works and projects. It was contrary to the democratic spirit of local governance for the minister to censor power any such partnership proposed by local councils. Yet, Dr Herrera stated, that at present such ministerial approval was appropriate. But in the long term this should be reviewed.

The extension of the term of office to four years would give councillors the possibility to execute their plan of work. The minister's discretion to postpone the council's election for justified reasons was also positive.

Councils would be required to obtain the residents' approval in a referendum if the council required to have a loan which would be repayable within a period longer than eight years.

Dr Herrera noted that while the use of a referendum would strengthen the democratic process, this contradicted the aim of the Bill to limit the number of elections. While it was better for this issue to be referred to the people's decision and not to the minister's approval, councils should be trusted in the management of their finances.

There were a number of deterrents and mechanisms in place to control councillors. Therefore councils should have the right to borrow, and only if the loan is of a considerable amount should it be subjected to a referendum.

Nationalist MP Francis Zammit Dimech said that the creation of local councils was radical reform which turned out to be a positive experience of which the government should be proud. At the time, the opposition claimed that local councils would divest the central government of most of its responsibilities.

Localities are now governed differently from 15 years ago and the result benefitted residents. It was not time to take stock of the situation and propose adequate long-term reforms.

The reform follows wide consultations which produced more than 8,000 suggestions. In itself, this was a vote of confidence in the councils.

He said that with the introduction of e-government, the councils are better poised to offer customer care to residents. It was a positive step that the Bill enforces a time frame during which a government entity must answer local councils' complaints or requests. This was fundamental to the one-stop-shop principle.

Turning to the drawing up of local plans for the locality in liaison with the councils, Dr Zammit Dimech said that this move was welcome but needed time to develop. He emphasised the importance of the central government's assistance in preserving the locality's cultural heritage and identity.

The Bill envisaged that all councillors should share responsibilities and no one should be left out.

Dr Zammit Dimech said that about summer resorts, the needs of which are greater in the summer months, would now be taken care of through a special funding formula.

The proposed code of ethics for councillors would help towards good governance.

Concluding, Dr Zammit Dimech said that the fact that the life of local councils would now be of four instead of three years eliminates the need of having the country in an election mood every year.

Minister for Justice and Home Affairs Carm Mifsud Bonnici said that local councils extended democracy all over Malta. One had to ensure that funds voted by the central government were well spent on services in the locality and councillors had the responsibility to administer such funds.

The Bill addressed the need of instilling better administration of funds and transparency in decision taking. One had to ensure that citizens were getting value for money.

Minister Mifsud Bonnici praised the introduction of a code of ethics for local councils because these raised the ethical standards of councillors.

He said that the executive secretary was being given more authority and independence in carrying out his public duties. The secretary often found himself in embarrassing situations as he was caught between the council which employed him and exercising public financial regulations. He added that he was sure that the association of local councils agreed that secretaries be considered public officers giving them security of tenure.

Local councils had to ensure that public funds were well spent. He agreed that local councils were not allowed to give donations. It was also right that where councils were reprimanded for not carrying out a project, other departments could undertake the work making use of the financial allocation to councils. Every council had to inform the public periodically on how it was administering its budget. Allowance to councillors and a higher honorarium to the Mayor were a step in the right direction.

The minister said that commissioners for justice sitting on local tribunals had relieved a lot of work which previously had gone before the courts. It was a mistake to suggest that such minor cases as traffic fines be heard before the courts.

He concluded that the Bill was a step in the right direction. It ensured that citizens be given value for money and aimed at increasing participation in local councils.

Joseph Sammut (PL) he agreed with the extension of the life of local councils. The contribution given by both PN and independent councillors was remarkable and their importance cannot but be emphasised.

He said that there should be coordination between the council and the locality's organisations.

The idea behind local government was decentralisation of were from the central government. Councillors therefore had an element of responsibility bordering on that of a minister. But councils must be given the funds and resources, even if some expected councillors to work on a voluntary basis. One must appreciate that councillors spent time and carried responsibilities and therefore they must be given all necessary measures.

Referring to the hamlets, Dr Sammut said that 68 councils were already more than enough and if councils were to be fragmented further, than one was exaggerating.

A meaningful debate was called for on this clause because there seemed to be waste of resources in stationery.

It was time to look at having less councils and at the way councils were elected. Dr Sammut said that parliamentarians had come to a stage that they could not ask the minister how a council was working because he faced a brick wall. Who was superfluous, the councillor or the parliamentarian? he asked.

All parliamentary debates were minuted. Why was this not followed by local councils which were local governments? Certain mayors are mini-gods.

One should also consider that Malta be divided in regions similar to electoral districts. The mayor should be the only elected person and the councillors substituted by the members of parliament of that district. This also made it possible for MPs to ask questions to the mayor.

Dr Sammut complained that the fifth district was ignored because neither a minister nor a parliamentary secretary hailed from that district.

He did not agree with the concept of having wardens who have replaced the police, which mingled with the people. This aspect had fallen by the wayside.

He criticised the present speed limits and said that fines from excessive speeds should go to the Police Corps to invest in better means to fight organised crime, including security cameras to safeguard residents.

Concluding, Dr Sammut said that it was unfortunate that certain cultural heritage disappear or is left to deteriorate despite Mepa, ADT and Malta Enterprise.

The debate continues on Monday.

At the end of yesterday's sitting, Social Affairs Minister john Dalli asked leave of the House to refer the Civil Code (Amendment) Bill, providing for rent reform, to the Committee for Reconsideration of Bills to reconsider new clauses.

The House meets again this morning to discuss the Housing Authority's financial estimates.