Government may appeal Constitutional Court decision
The government is seeking legal advice on whether to appeal a judgement by the Constitutional Court which ordered the appeal against the Marsascala recycling plant to be heard again.
The Court ruled that the Planning Appeals Board that decided the case in 2005 was not “independent and impartial”.
In his judgement, reported in The Times today, Mr Justice Gino Camilleri said the fundamental human rights of the Marsascala local council were breached because the planning appeals board was appointed by the Environment Minister, who was also responsible for pushing forward the controversial project. As a result, the board’s independence and impartiality were compromised in breach of the applicants’ human rights.
The Resources Ministry in a statement this afternoon that the article reporting the judgement made no mention of a statement it issued last Thursday.
In its statement it had noted that it had said that the Court indicated that the case should be heard by the Planning and Review Tribunal.
The ministry said that the government had followed the provisions of the law which had specified that such appeals are heard by the Planning Appeals Board, which had been appointed according to law.
The judgement given on Thursday was not one on the merit of the application but regarded the adopted procedure and whether the Appeals’ Board had been constituted according to law to consider the case, the ministry said.
It said that, as declared on a number of occasions, the process for the modernisation of the plant the government observed European and national regulations.
This was confirmed in separate European Commission decisions as well as by the European Parliament’s Petitions Committee. The court’s decision did not cast any doubt on this.
The Sant’Antnin had been built to:
* Increase waste separation
* Exploit waste as a resource
*Trasform part of the waste into compost
*Produce electricity from waste Improve the environment through less waste and lower use of fuel.
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H Galea
Jan 22nd 2011, 22:45
It's only Jan 22nd and the worst yet to come, wake up, stop being a dictactor and a Yes man to EU, they only want our money.
Peter Gauci
Jan 22nd 2011, 19:08
Johnny Citizen.......
r
The whole thing was illegal from day one, consultations were a joke.....now its too late....and we have been treated like idiots for 25 year by our representatives in Parlament.....
Steve Borg - Marsascala
Jan 22nd 2011, 19:06
Well, it seems that the truth is finally coming out with regards to the waste recycling plant saga at Il-Wied ta' Sant' Antnin, following this court ruling.
It is a reminder for the Government about how the residents of Marsascala were mistreated and attempts were made to tarnish the honest manifestations of Il-Kumitat Kontra l-Impjant tat-Riċiklaġġ Kif Propost - composed of 7 local councils and 8 ngos - by wild accusations that we were hindering this industrial development and enlargement in Sant Antnin valley.
Despite many attempts to dishearten us, we had continued in our endeavours in calling for a development process would be transperant, democratic and void of any vitiated practices.
Perhaps the Hon. Minister George Pullicino will now offer an apology to myself - as committee co-ordinator - when he accused me on local television of having vehemently opposed this application. We have now been proven right.
A few days ago the MellieħaLocalCouncil, unanimously declared that it objected to the construction of a fish factory in Imġiebaħ valley (applicant was not a government entity like in our case). Mayor Robert Cutajar (PN) reiterated that such a development, already approved by MEPA, should have been allocated within an industrial-zone.
S. Calleja
Jan 22nd 2011, 18:26
Hilarious. Dr. Owen + Front Vs the the lawyers and legal advisors of Mepa. WasteServ, the Prim Minister and the Ministry of George Pullicino.
Now Pullicino tells us that the government might appeal after seeking advice from his experts. Where were these experts and advisors, whom us taxpayers are paying, in the last five years. Well done young Owen and God bless the lobby group who stood firm during this ordeal.
DO THE MOST HONOURABLE THING AND RESIGN.
c.cefai
Jan 22nd 2011, 17:35
Of course he will appeal; nothing to loose; john citizen will pay!
victor caruana
Jan 22nd 2011, 17:10
not “independent and impartial”.....surprise.....this cannot be true...........zzzzzzzzzzz
Raymond Farrugia
Jan 22nd 2011, 15:33
@joe sant
What is resignation? Is this a new word?
Joe Sant
Jan 22nd 2011, 15:00
It's no wonder that George Pullicino is doing his utmost to minimize the judgement by the Constitutional Court, finding him responsible for breaching the human rights of Marsaskala residents, In other democratic European Countries, such a decision would lead to the resignantion of whoever is responsible. The fact remains that Minister Pullicino was condemned by the Constitutional Court of breaching the human rights. It's of no use trying to involve the the EU Commission. The EU Commission said that 'the EU Community Law was not breached" as the EIA was vcarried out. But it said also that 'any contestations derived from it, should be contested in front the local institutions. That's what we did. We have another case pending in front the of Civil Court. I am convinced that we shall win that too and Minister Pullicino will be condemned again. May I recall only 3 instances for Pullicino to remember; a) that the MEPA Board decision re Sant'Antnin site wzas taken on a mistaken report; b) that he himself, according to the Auditor Report not yet published, attended at least 3 meetings with the adjudicators of his own project; and c) that the socio-economic studies were not carried out.
Joe Zammit
Jan 22nd 2011, 14:46
Shady contracts without carrying out a proper EIA as required by law. Can the Prime Minister tell us whether the quarry behind the Plant is going to be used to store waste? This question had been asked to Minister Pullicino during the meeting with residents in the tent at Grabiel, but he didn't answer. Have a look at http://www.cnimalta.org/sa.html and see an analysis of a report, a Masters thesis on the Basle Convention and photos.