An Opposition motion in parliament to substitute the appeal process for the new power station contract was this evening defeated by 26 votes for and 37 against.

Energy Minister Konrad Mizzi described the motion as “full of unfounded allegations which smack of political delaying tactics”.

The motion was moved by former ministers Tonio Fenech and George Pullicino.

Defending the legal notice, Dr Mizzi asked, “Was it a coincidence that the motion was presented in Parliament at the time of a visit to Malta by one of the credit agencies which was examining the operations of the Government and of Enemalta Corporation?”

Dr Mizzi said that the Review Board on energy and carbon products enjoyed the same level of protection as under the Public Procurement Review Board. It allowed the possibility for a bidder to re-enter the process if he was proven right.

Environment Minister Leo Brincat said the jurisdiction of the Public Contract Review Board did not extend to energy issues and the Government did not wish to extend this board’s power. It would be more efficient and beneficial to have a separate board.

He said the Government was proceeding with the utmost care and transparency possible. The Government would definitely choose the best and most competitive submission.

Mr Fenech said the Opposition was not trying to delay the new power station project.

The Opposition respected the government’s mandate, but this should not be to the detriment of people’s health, environment, transparency and good governance.

Mr Fenech said that when the call for expressions of interest was issued, the appeal remedy inexistent and the only remedy to be given was a review on a point of law before a court, where one would be refunded the costs for collecting the tender document.

It was only after the Opposition’s insistence that the Government introduced an appeal mechanism - six days after the expression of interest was  closed.

Additional transparency was required because the PL had met potential bidders when it was still in opposition.

Mr Pullicino said that the Procurement Appeals Board had powers which went beyond the powers of a normal appeals board, including the authority to decide who was eligible for tender rather than just offering a referral. 

Moreover, one could not appeal from a decision taken by this board set up by the government, except on a point of law. The right of judicial review of administrative decisions under procedural law was also not applicable. He said it was dangerous and abusive to have such a scenario.

The Public Contract Review Board, which was based on EU directives, could well serve as an appeals board in this sector.

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