Mepa audit officer should not resign (1)
There was a time in the recent history of this country when the setting up of "people's courts" to replace the real ones would occasionally acquire some favour with certain members of the government of the day. For the most part these occasions used to arise when the courts would reach a decision on some case or other which did not please the government of the day.
Thankfully, those days are buried deep in the past, hopefully never to return. This is not to say, though, that adverse decisions by autonomous authorities are always taken with much more grace by some members of government than used to happen in the past.
Recently, the Prime Minister chastised Mepa's audit officer for allegedly jumping to conclusions on Mepa's practice of arranging private encounters between some privileged applicants and some members of the DCC, a decision-making body, while the application was in a sense still sub judice. It appears that no records are kept as to what, if anything, would have been discussed or agreed in these meetings.
At the same time the Prime Minister did not criticise any aspect of this occult practice.
Nor did he find anything untoward in the fact that Mepa actually set up an office "precisely for this purpose," as the court put it, that is, for the purpose of perpetrating this occult practice to the advantage of a select few, who must have been very few indeed given that this practice, being as it is occult, was never advertised on Mepa's website, which is rather strange when considering that Mepa, and not only Mepa, retain it to be perfectly legal.
And now, this same authority that established an office precisely to arrange meetings in camera between some members of the DCC and some applicants, while their application was before the same DCC for a decision, has attacked the audit officer because he investigated a case while it was before the Appeals Board. It has also taken umbrage because the audit officer dared to publish his findings. In Mepa's own words, "the Audit Officer should have never carried out an investigated [sic] and more so published his report given that this case is in front [sic] of the Appeals Board".
Surely, if the audit officer had kept his findings under wraps, Mepa would not have been so miffed. Alternatively, the audit officer could have delayed his investigations just long enough to be able to write whatever he liked in his report and publish it. In both cases he would have avoided rocking the boat too much since nothing he could have written in a confidential or untimely report would have had any effect on the planning process.
The problem with both scenarios is that had the audit officer behaved so, he would have abdicated his duties, those same duties which he is finding so difficult to discharge that he is reported to be considering handing in his resignation. He is also reported to have said: "If the authorities don't want an auditing process, then why don't they scrap it..."
I don't think the office of the Mepa auditor is there because the authorities want it or don't want it. It is there because it is one of the building blocks of a society that desires to organise itself on democratic principles with all the requisite checks and balances.
If I, a common citizen, have the right to express my opinion in public, why should not the Prime Minister and Mepa enjoy the same right? And why should the exercise of that right induce the audit officer to consider resigning? I really do not think it is the most appropriate reaction to criticism, unfair as it may oftentimes be, even if that criticism comes from the same authority through which the audit officer serves society and from the same minister who has executive responsibility for that service to society, both of whom should therefore know better.
Instead, I suggest that persisting in doing one's duty without fear or favour is the most appropriate way forward for Mepa's audit officer under these circumstances.
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Andrew Calleja
Nov 17th 2009, 13:43
Cont///
In his opinion piece “Exposed to public scrutiny” (6/11/09) the auditor stated:
“….Mepa board used to meet behind closed doors to have a preliminary discussion on pending applications.…At the time I was deputy chairman……, I relied on the discretion of the chairman. It was simply never pointed out to me by anybody that this practice was completely illegal. When I became audit officer, I decided, for obvious reasons, to study in some detail the Development Planning Act and after discussing the relevant section with a colleague, I had come to the conclusion that the practice was illegal.”
When one considers how the auditor is so convinced that the practice is morally and fundamentally bad, shouldn’t it have been amply clear to him from the very beginning? Ignorance of the law is no excuse. If his conscience and convictions have remained the same he could have looked up the legal text at any time.
What the auditor conveniently does not mention is that during the same period he was chairing the DCC which decided on 99% of all development applications. How can one in such a position plead ignorance of the law regulating his procedures?
Andrew Calleja
Nov 17th 2009, 13:42
The Ombudsman had very clearly informed the auditor that the Development Planning Act does not allow him to usurp the remit assigned to the Planning Appeals Board. The auditor had accepted this advice and for some time desisted from taking up investigations on cases that were still subject to an appeal. However the auditor has, at his discretion and on particular occasions, ignored the Ombudsman's legal advice. Can one be so selective on matters that are deemed to go against the law?
The auditor has managed to encourage paranoia. There is a campaign of mistrust against MEPA officials fuelled by the free rein of his reporting style.
If the auditor disagrees with the practice of holding private meetings he should then recommend that the law be amended accordingly. We have to keep in mind that this was a normal practice ever since the inception of the Authority and consecutive Boards adopted this procedure – this was even the case when the current auditor was DCC Chairman and Deputy Chairman at the Planning Authority. In fact, at that time, the whole Board used to hold informal private meetings with developers and their architects as part of their official meeting agenda.
Cont////