Judge switches off energy-saving bulbs scheme
A judge yesterday said he was not convinced the way the authorities went about setting up the recent energy-saving bulb distribution scheme was "fair and transparent".
Moreover, he said, "it does not appear that this was done because of some administrative mistake... and no valid explanation was given prima facie".
Mr Justice Tonio Mallia made the comments in a judgment authorising the issue of a warrant of prohibitory injunction to stop a company from distributing Megaman light bulbs.
Suppliers wanting to take part in the scheme, which saw the government distribute vouchers to every household entitling them to energy-saving bulbs, had to submit samples to the Malta Resources Authority for testing. The company importing the Megaman bulbs, Electrical Services and Supplies Ltd, did not do this but was still included in the scheme, the Electrical Importers Association said in their application.
The regulator had stipulated a deadline by which any company wanting to sell bulbs under the scheme should have submitted samples. Electrical Services and Supplies Ltd did not, but their bulbs were still included in the scheme, the association noted.
On this basis, the judge signed the warrant of prohibitory injunction against the company, the Malta Resources Authority and the Resources and Rural Affairs Ministry to halt the distribution. The government has also been stopped from paying the company for the bulbs already sold.
The judge said that, unless the warrant was issued, other suppliers would suffer damages.
Lawyer Simon Galea Testaferrata appeared for the Electrical Importers Association.
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DUNCAN AGIUS
Oct 2nd 2009, 09:15
" Reference is made to the article entitled “Red lights flash again in court” published in the 30th September edition of The Times.
It is to be noted that the statement that “people will still be able to take advantage of the scheme” is incorrect and this in view of the fact that the First Hall of the Civil Court provisionally upheld the request of Electrical Supplies & Services Limited, which in layman's terms prohibits the Ministry for Rural Affairs and the Environment and the Malta Resources Authority from implementing and / or retaining the scheme at issue and from authorising wholesalers and retailers from distributing and / or exchanging vouchers for energy saving lamps.
Until the issue is finally decided the scheme is at present suspended and therefore "people are not able to take advantage of the scheme".
Rachel Ferry
Sep 19th 2009, 08:22
@ e. Zammit
Thats exactly what i do. I order online and get it posted here. It's much cheeper, even with the postage. I encourage all my friends to do it. I'm totally fed up with being ripped off here.
philip pace
Sep 19th 2009, 07:54
When a leader of a political party comes up with such an expensive ( now expensive but never cheap) electoral gimmick in order for himself and his party to win a General Election, it just shows how desperate the situation was!
And when that person and his party won the General Election with a very wafer thin majority and it took the same person (now PM), fifteen months to distribute the energy saving lamps and just before that he raised the water and electricity tariffs, only for the public to note that such a simple thing ends up in court is something that happens only in a Banana Republic!
The public should understand the perversed confusion that reigns superbly in the present wafer thin majority of a Government .
And I have not mentioned the MEPA fracass, the VAT scam and the 'not in the national interest' the Piano/Gonzi monument!
Edward Zammit
Sep 18th 2009, 20:22
@ DVella When importers are shamelessly robbing the people blind, just do what I and I'm sure other people are doing. Slap the importers in their faces and order your needs from abroad ( online ). A free market is good but when there was price capping from the Government at least things were sold at sane prices !!!!
Charles Zammit
Sep 18th 2009, 18:51
The stakeholders in this issue are the MRA, the importers and the consumers. Have all three parties been afforded the chance to air their views on the matter before the court decided on the matter? Who represented the consumers' interests on the matter? It seems to me that a cartel has been formed to the detriment of the consumers. Megaman was the only premium type lamps on offer for the same price as those offering budget type (tube shaped, old fashioned bulbs). I can understand why other suppliers feel hot under the collar. Premium type energy saving lamps in Malta are prized at least 3 times the amount paid in other European countries and the company against whom the mandate was requested was the only one offering permium type lamps under the scheme. If we really believe in free competition all suppliers should be allowed to offer their products at the best prices they can afford. It is up to the consumer to decide whether to opt for the old fashioned type or the premium type irrespective of the make. Hands off competition please!!
N.Attard
Sep 18th 2009, 18:43
I had a problem redeeming my vouchers in the type of energy savers I use at home, my light fittings have B15 SBC sockets this type of energy savers are readily available in almost all the shops but to my surprise every shop told me that these lamps are not in the government scheme. I tried to call the Helpline number on the vouchers but as expected by an entity paid by us citizens nobody ever answered. I even sent an E-mail about it but no one answered back and this was the end of July beginning of August. I hope now that the Government removes any extra Eco tax from standard incandescent lamps with this particular base if there is no alternative.
R.Gauci
Sep 18th 2009, 18:31
This is one clear simple example how things are working in all Govermental Departments in Malta!! If it wasn't for the two companies directors which noticed the irregularity and open this case in Court because they had been hit badly, it would be another abusive case of hundreds I say to been kept hidden !! Its better for the Minister of Finance to start cleaning his house and make people responsable for irregularities in Govermental Departments accountable and resign from their positions, if he wants really to be credible when he says that he wants to fight Tax Fraudsters and cut the country's running expenditure !! Where did all the talking about how much smart island we are finished?! These irregularities are destroying the country's competivness as the Goverment is keeping putting expenses on the private sector and on the working class and its become impossible to keep going this way! The fact that Employers Association said that they couldn't give the C.O.L.A increase in wages if there's no more increase in production proofs this !! We got enough of cheap talking dear Minister we want facts and no more worlds so please lead by example!!
A Camilleri
Sep 18th 2009, 12:27
So much for distributing to "every household". I actually know of several households to which the vouchers have not even yet been distributed, among which , mine. And trying to folow this up with the relevant office results simply in a bog standard templated reply with little or no follow up subsequent to that.
So the administration seems to be failing this scheme at every turn.
DVella
Sep 18th 2009, 11:49
Good for the Judge . . . about time someone put a stop to the way certain things are done. Once we're on the subject, the relevant authorities may also wish to order an inquiry into why these -energy-saving bulbs cost at least three times as much in Malta as they do in other European countries . . . . particularly in view of the fact that the few suppliers now practically have a monopoly which allows the consumer very few alternatives since normal bulbs are being phased out ! ! !
P.Cassar
Sep 18th 2009, 10:36
QASSATA OHRA TAL-GVERN.
Even on a simple light bulb scheme the court is noting that things were NOT DONE PROPERLY, JUST IMAGINE ON THE BIG CONTRACTS COSTING MILLIONS LIKE THAT OF THE POWERSTATION!!!! and we small folk paying and paying and our money gets squandered like that.