Update 2: NGOs says their harassement in breach of Aarhus Convention
Mepa denies allegations, FAA replies
The Xaghra building which formed part of a cluster on the outskirts of Xaghra.
(Adds Mepa statement, FAA's reaction)
The purchase of an agricultural field 40 years ago by the president of the Ramblers’ Association in no way indicated any attempt on his part to develop the land, six environmental organisations said.
In a statement, Birdlife Malta, Flimkien għal Ambjent Aħjar (FAA), Friends of the Earth, GAIA Foundation, Malta Organic Agriculture Movement (MOAM) and Ramblers Association said that the land remained untouched, Mr Bugeja never applied for a permit to build on this land and he had no intention of developing the field.
The organisations also referred to allegations about FAA’s Astrid Vella’s application to construct a small pool on the terrace of a block of flats built with regular permits years earlier.
The building, the organisations said, formed part of a cluster of old buildings on the outskirts of Xaghra. Her 1998 application was refused and she did not appeal.
Ms Vella has not been the owner of this property for many years and at no point did she or members of her family apply for a pool or house in fields or on virgin land, as was being claimed.
The organisations said that these allegations failed to justify, as they appeared to have been intended to do, the violation of the Bahrija site which was protected by the highest level of EU protection.
The six organisations also deplored the fact that, while MEPA was usually very careful about what information was disclosed to the public, Ms Vella’s file was traced to people at MEPA who had no legitimate reason to be viewing it or, more seriously, retaining it.
“Such unethical practice has, in the past, led to leaks or possible misuse of sensitive information and also to files being ‘lost’, as was the case with one of the Bahrija application files.
“Austin Walker in his capacity as chairman and CEO of MEPA, and therefore directly responsible for MEPA’s day-to-day functioning, should investigate both the loss of the Bahrija file, as well as the improper access of the Astrid Vella file,” they said.
The organisations said that while such abusive treatment should not be meted out to any environmental activist, it was pertinent to note that these groups did not receive any form of local or EU funding and both activists in question worked on a voluntary basis.
This campaign of ongoing harassment was in violation of the Aarhus Convention which specifically precluded such abuse and similar attempts to gag those who spoke about embarrassing truths.
“The harassment of those who seek to protect the environment contrasts strongly with pre-election promises that the environment was to be granted the highest level of protection.
“It is also an alarming regression in Malta's democracy and a serious threat to citizens' fundamental right to freedom of speech.
“Moreover, it is a despicable attempt to distract the public from the more serious issues which the nation is currently facing,” they said.
MEPA STATEMENT
In a statement, the Malta Environment and Planning Authority categorically denied the NGOs allegations that one of its officials had mishandled or unethically accessed the Xaghra development application file of Ms Vella.
"All development planning applications submitted to Mepa are available to the public and can be accessed through it website," the authority said.
It called on the NGOs to substantiate and bring forward any information they had in claiming that such unethical practice had, in the past, led to leaks or possible misuse of sensitive information”.
"Such allegations are harmful when made without any evidence to the facts," Mepa said.
FAA'S REPLY TO MEPA
In a reply to Mepa's statement, NGOs said that while it was true that all development applications could be seen on the authority's website, it was almost impossible for the public to trace a permit of over 11 years ago without relevant details known only to the applicant and Mepa.
"In spite of this, several details of Ms Vella’s application were somehow traced and published.
"In addition to basic application information on the Mepa website, the files contain sensitive information which can only be viewed by Mepa staff, thus access to such files is a very serious matter."
FAA asked why since Ms Vella’s application had been dead for 11 years, with no reconsideration or appeal pending, was the file in the possession of the Mepa's former public relations officer, the very person known for crossing swords with NGOs in the past.
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a attard
Jan 4th 2010, 08:52
Malta and Gozo are OVERBUILT besides the numerous roads zigzagging through the VERY little left open counrty (if it can be called such) Save the very little left open green areas. All Maltese villages have been transformed into fully fledged towns and some inner towns have become unbearable to reside in them due to pollution and general living comfort. Round the harbour area has become one metropolis that would be more appropriatly called greater Valletta. Not to mention the huge expansions of once villages like Mellieha and others of the sort. I find it hard to believe that anyone can call out for new areas for residential developments!! Some areas between heavily built up areas could be transformed to parks to give our kids access to safe areas to breathe some fresh air (away from car fumes) and encourage adults to make some physical excersise without the fear of being run over by some vehcile, or ending up with lungs filled with petrol and diesel fumes.
Muscat. Pat
Jan 4th 2010, 08:42
Mepa's reasoning on NGO's is completly outside the spirit of the law, though it might be within the narrow letter of the law. Tax-payers-who pay the salaries of MEPA-can read between the lines too.
It seems that for some (privileged) people, including ( especially) ex Party officials, MEPA interprets the law; whilst for others, it applies the law.
This is not the spirit of law as accepted and interpreted in EU.
Do we have to be always on the fringes and the periphery EU law, with the Party in Government playing the off-side game, rather than playing a fair and just one?
Is our EU membership just an excuse to "keep appearances" and continue with our old ways and vices?.
Ordinary people are fed up with these antics, and the sooner GonziPN gets rid of the petty and crude minds giving him advice the better it is for our country.
Franco Farrugia
Jan 3rd 2010, 15:51
I find it really insulting for people to tell NGO's to 'stop it', 'to shut up' and to 'naqtghuha'. In my books, this is tantamount to violence and intolerance - the same that we had in the Mintoff/KMB era. This lack of respect towards NGOs started with the St John's - FAA saga when certain columnists started lambasting FAA and also acting as a 'forcina' towards those few who wanted to build a museum for the Co-Cathedral! Ever since, the NGOs have become the people's enemy no. 1, as it were. The reality is that NGOs have a number of people who willingly give up a good portion of their free time to serve the country and the people!
James A. Tyrrell
Jan 3rd 2010, 14:02
Astrid Vella has just raised the very point I was going to raise that being the need for further development especially on a Natura 2000 site when so many units are presently vacant. Why does the Maltese Government continue to support the destruction of the Maltese and Gozitan environments, instead of ensuring that the present eyesore shell form units are utilised before any further development takes place?
Astrid Vella
Jan 3rd 2010, 11:17
@ Alfred Fenech: We need more residences? With over 75,000 housing units vacant? With enough sites available WITHIN the building zones to supply us with yet more residences until the year 2020 do you really think it was necessary to build on a Natura 2000 site where residences are strictly not permitted?
Alfred Fenech
Jan 3rd 2010, 04:53
I do not agree with any haressment of anybody but I also disagree with the constant complants whenever someone tries to either extend horizontally or vertically any building. The island is too small and our population is all the time growing. We need to create more residences and whether we like it or not we need to reconsider certain plans that are stopping possible development. I am all for green areas but I am also conscious of the fact that unless we provide more accomodation, our kids will have to pay a high price when they come to start their family homes.
G Bugeja
Jan 3rd 2010, 00:44
why is no one here mentioning the problem by its name: LAWRENCE GONZI
Remember when just before the general elections LG assured us that MEPA will be under his direct responsibility. Guess what? It still is. And things have gotten even worse.
Gonzi is superficial and unreliable. Totally. How else can you explain his pre-electoral assurances and re-assurances? How can anyone keep the faith in the man who is doing the exact opposite to what he preached.
PN backbenchers, NOW, take note.
Stephen Borg Cardona
Jan 3rd 2010, 00:18
Funny how MEPA and Austin Walker failed to comment about the lost Bahrija file !
Raymond Sammut
Jan 3rd 2010, 00:04
Why is the MEPA authority denying the NGOs allegation that one of its officials unethically accessed the Xaghra development application file of Ms Vella? Accessing a document on the merit of the case it represents is perfectly in accordance with normal practice. But here the MEPA authority needs to explain why one of its officials accessed a document for purposes other than those relating to the case it represents. This is clearly in breach of accepted procedure, and the MEPA authority is required by law to explain its position.
We all can access material on the net. What is being questioned here is the "intent". It is clear from this report that both Austin Walker and Prime Minister Gonzi need to examine closely the ethical behaviour of some of MEPA's officials and stamp out unacceptable behaviour within the MEPA authority.
James A. Tyrrell
Jan 2nd 2010, 23:53
@ Joseph Cauchi. You may be fed up with NGO’s, which probably means they are hurting you in some way. The honest people in the country are behind them.
If it’s a choice of believing MEPA or believing an NGO I know where I’d put my money. MEPA is nothing more than a bunch of front line troops carrying out the dirty work for Gonzi; you know Gonzi the great protector of the environment who has suddenly changed tack and become persecutor of NGO’s.
I know that the last thing the NGO’s want is to get tied up in court proceedings but if people at MEPA have been overstepping the mark with regard to accessing files and publishing information or passing it to others, aren’t they in breech of the Data Protection Act?
Joseph Caychi
Jan 2nd 2010, 23:42
@ Joseph Cauchi
"We are fed up with these NGOs and please stop it! "
This is the same argument which used to be used against NGOs in the Labour Government years of Mintoff and KMB and the PN used to exploit it for their own political gain. Soon after the PN got into government I got that phrase from a well known PN activist who used to support environmental NGOs. The PN is now stooping so low that is is using government information for party political purposes. Well done to all the NGOs for keeping ALL governments on the straight and narrow.
Henry J Bonett
Jan 2nd 2010, 21:43
To keep harping that allegations '"are made without any evidence to the facts'" is tantamount to hiding behind a convenient obstacle. It is Mepa's own responsiblity, for its own credibility and, particularly as its duty to the people it is supposed to be serving, to make it a point to investigate continually and fully what is so evidently suspect. This is its sacrosant duty. To shove its head in the sand will still leave its nether region thoroughly exposed
Tony Mangion
Jan 2nd 2010, 21:25
Can someone honestly tell me whether the people at the helm of MEPA will benefit from the increase in the salary being given to the Civil Servants, in the near future? Thanks.
Edward Camilleri
Jan 2nd 2010, 21:18
How astonishing! MEPA can find a file of 11 year old, but not a current one!
A Mifsud
Jan 2nd 2010, 20:48
These personal attacks on NGO volunteers is very serious and should not go unchecked if Malta is to call itself a modern democracy. And these are not the only environmental activists that are being harassed - there are other similar cases that go unreported too...
Ultimately, members of the public (even if they are a minority) have a right to stand up and protect the country's natural heritage especially when there are breaches to any laws/regulations/directives such as Natura sites.
Henry J Bonett
Jan 2nd 2010, 20:37
@ Josph Cauchi.
"Why all this aggravation and bitterness towards one another? "
Indeed, why all your bitterness towards the NGO's
"We are fed up with these NGOs and please stop it! "
We are fed up with the likes of you party lackeys and please stop it
"Where has (your) Christian Christmas Spirit gone?"
clare spiteri
Jan 2nd 2010, 20:29
Truth will out eventually, I am sure of that.Astrid vella and the other NGOs have stuck out their necks, quite a courageous feat on this small island.Many people would like to do the same but cannot as they fear the repercussions they , or members or their family might suffer.A shocking state of affaires.Dr Gonzi you promised to make the environment and Mepa your priority. What Happened.why is Astrid Vella, Mr Bugeja and others from independent envioronmental organizations being persecuted?
Joseph Cauchi
Jan 2nd 2010, 20:28
Reading the comments by John Agius, Joe Borg et al, proves one thing, that there is an AGENDA and this agenda is not the “environment”!
Il-Malti Mhux Cuc!
JC.
Antoine Vella
Jan 2nd 2010, 20:16
Who is doing the harassing? MEPA? And what does this supposed "harassment" consist of?
Joe Borg
Jan 2nd 2010, 19:43
Maybe Dr. & Mrs. Scerri intend surprise us all and donate their villa and their surrounding land to the Maltese public to use as a research centre! Then this development will be as permitted by law.
Who knows, life is full of lovely surprises.
Watch out for the three kings following the star...
John Agius
Jan 2nd 2010, 19:37
Three years will pass by in a flash, and boy am I looking forward to the day of reckoning. It will come, that you may be sure of, and sooner than you think. Let Dr Gonzi dig his hole as deep as he pleases in the meantime. No more benefits of the doubt. The people are so tired of these antics and abuse by those in power.
Joseph Cauchi
Jan 2nd 2010, 19:35
I concur 100% with Rocco Cauchi.
Where has the Christian Christmas Spirit gone?
Why all this aggravation and bitterness towards one another?
No wonder, some people of goodwill are sceptical about certain NGOs’ agendas! Do they think they can continue taking us for a ride for much longer?
We are fed up with these NGOs and please stop it!
DEJJAQTUNA!
JC.
Jeremy J Camilleri
Jan 2nd 2010, 19:08
Shhhhh all of you..
All of the country's NGO's are working undercover for Joseph Muscat.....They have to be......How can anyone Criticise the workings of the Government otherwise?
Adrian Borg Cardona
Jan 2nd 2010, 18:51
There were two artcles this week in the Times, one by the Din L-Art Helwa President and the other by the chairman of the Church's enviornment commission. Both complained about MePA's bizarre practices and decisions. If the PM is really serious about reforming MePA. he should issue a reply to these articles.But I will bet that no comment will come from Govt - only from the usual PN apologists. As for Bahrija, no one has yet explained on what basis and for whivch reasons this permit, defying all rules, regulations and policies of MePA, has been issued. Perhaps MePA would kindly inform us mere mortals? Those who care for the Maltese environment want to know.
Franco Farrugia
Jan 2nd 2010, 18:49
@ Rocco Cauchi: Unfortunately, you cannot understand what I am writing. Maybe it is my fault but maybe, just maybe ...
J. Borg
Jan 2nd 2010, 18:47
Oh MEPA is playing the innocent party here?
Maybe MEPA's memory is too short to remember when its own PRO digged files of applications relating to individuals who had shown the "cheek" to protest to the "malpractices" that this clumsy quango got up to.....and years after admitted - but alas is still shy to implement any effective reform.
If only these NGOs can maintain a common front and get a fraction of the financing that MEPA absorbs - then we can finally start saving what is left.....
sweet dreams Dr. Gonzi .......and the whole political establishment!
Marco Cremona
Jan 2nd 2010, 18:44
When us readers are confronted with two diametrically opposing 'facts' - with MEPA contradicting all the NGOs say and vice-verca - we either have to go loyalty, or credibility.
Loyalty is only for those with very blinkered views and opportunists. I prefer to go on credibility - and the NGOs credibility is by far superior to MEPA's. Frankly, I don't know why MEPA continues to dig itself in an even bigger hole with each press release it issues.
C Mallia
Jan 2nd 2010, 17:51
Six NGOs complaining about harassment!! There must be truth about it as the NGOs had to make a combined effort to issue this press release, plus claims of Aarhus Convention breaches are serious allegations. The government should immediately take note of its pre-election promises, otherwise it has long lost all its green credentials.
J.Bonnici
Jan 2nd 2010, 17:48
The prime minister said he would make the environment a priority. I will believe that when Victor Scerri's building permit is withdrawn and the land restored to its original state.
Rocco Cauchi
Jan 2nd 2010, 17:41
So that's the trouble with Malta, Mr Farrugia, Christmas has gone to the rocks, all in favour of a new religion called Democracy. Well done homo politicus!
Franco Farrugia
Jan 2nd 2010, 17:35
@ Rocco Cauchi - It has nothing to do with 'Christmas spirit'. It has to do with love for democracy, love for the one and only truth, love for one's one country! And anyway, for me, 'Christmas spirit' is a special kind of spirit with which I live all year round. We don't have to change anything just because the calendar says 'December'.
Rocco Cauchi
Jan 2nd 2010, 17:30
It seems we have lost the Christmas spirit too soon this year, tomorrow still being the Epiphany. What marred the season this year was the very thought that it will soon be back to square one, with the same old pique and gibberish giving us our anthropologically "specie Melitensis" brand. Unless we make Christmas a real season of good will, rather than a quick pause for merry-making, the whole year will be a harsh winter of discontent, much against the good feelings we all have for Mother Nature which we all love.
Astrid Vella
Jan 2nd 2010, 16:23
@ Alfred Bugeja: no way are we NGO activists going to play into the hands of certain people and waste all their time and resources on endless court cases aimed at distracting us from our core work - isn't that what all these lies about us are aimed at drawing us into? You don't have to be a brain surgeon to work that one out.
Mr Bugeja, you talk of tastes of own medicine. Can you mention one fact we raised about the Bahrija case which turned out not to be correct? No, I thought not. The main incorrect fact comes from the defense which constantly tries to convince the public that this is just any Out of Development site and should be treated as such, when in reality it is a Natura 2000 site which means that the only structures that may be built there are essential community facilities or park visitors' centres.
Henry J Bonett
Jan 2nd 2010, 15:52
That Mepa is a 'can or worms' in regard to the values it was set up to protect, is obvious to anyone with a bit of a thinking mind. That the PM himself, called Sliema residents days before the last elections and promised them personal intervention and control of Mepa towards a new dawn but then followed by allowing it to keep on with its blatant scandals, obviously underscores a situation in which the vast majority of citizens rightly cannot trust Mepa. That a former President of the party is allowed to misuse information which is alleged to have not been legally passed on to him is worse. But for this information to be, further, allowed to be intentionally misrepresented on national television in a way to be used to shut down an obvious blatant breach of what was enjoying the highest level of EU protection allows everyone to draw their own conclusion. A democratic country expects full independent enquiries on these situations and for whoever was responsible to be seen to be made fully accountable
Alfred Bugeja
Jan 2nd 2010, 15:34
The NGO's should stop clutching at straws. If they can prove that dr. Scerri lied, then they have every right to sue him for libel. If not, then they should stop moaning and take a good look at the mirror because victor Scerri only gave them a taste of the medice that they had earlier given to him.
Jay Oatmon
Jan 2nd 2010, 14:37
It seems to me MEPA has two functions - one it is 'a can of worms' in regard to best practices, integrity and transparency. The second function is, it is viewed as 'a profit centre' for certain persons working there, and that is why it is a can of worms.
The same thing happened at the VAT - people bent and broke the rules to make money.
What is most striking is the complete lack of political direction and enforcement, to bring these organisations back into line, and fully prosecute the criminals involved. What we get is a legal whitewash and minor fines to encourage more crimes against the public.
Muscat. Pat
Jan 2nd 2010, 14:32
The truth is that it is seems that the State's apparatus is being used more and more by the PN, in order to stiffle any criticism against it. This shows that the people who are around Gonzi are not professionals, not democratic, and cannot distinguish between legitimate use of Data by the State, and the illegitimate use of Data by PN aparatciks, against ordinary citizens. The Data Commisioner has already noticed that Data Protection Law was not broken by Dr Borg Olivier, simply because he was not quick enough to put it in use, (against the law), before the case was brought up to the notice of the Commissioner.
The democratic credentials of the Maltese State should never, be put in jeopardy for petty partisan political ends of the PN.
Joe Morana
Jan 2nd 2010, 14:30
Many wonder how MEPA "lost" the quite recent and very sensitive (hot) Bahrija File, while Astrid Vella's 1998 applicaiton File and Mr Bugeja's non- application on the land he owns were 'conveniently' brought to the foreground just when the infamous Bahrija development has recommenced.
Does MEPA and Mr Walker still expect to be taken seriously!!
A big thank you to FAA and Ramblers Association particlarly ms Vella and Mr Bugeja for your valuable selfless work to safeguard what remains of our urban, historic and natural heritage.
Further to its past 'blunders' many wonder how MEPA can improve on its past perfomance once the Government stops its subventions to MEPA and consequnelty MEPA will have to finance its own existance from the proceeds of buiding application/permits.
I bet that we have not seen the bottom yet!! MEPA reform my foot!
Edward Camilleri
Jan 2nd 2010, 14:23
We are still waiting for the supposed MEPA reorganisation - not a personal attack on those that are trying to do something (on their own free will) to stop this building mayhem. Having files lost and suspicious permit approvals in the middle of valleys does not auger well for MEPA.
Franco Farrugia
Jan 2nd 2010, 14:07
It is a fact that there is an orchestrated movement to harass environmental groups and individual voices, to silence them and/or to throw mud at them. This has been going on for some months, now, and is still going on. Authorities and individuals are behind this harrassment. And towards pro-animal voices as well.