An Opposition motion to amend the legal notice governing the Procurement (Energy and Fuels) Appeals Board was defeated by 26 votes for and 37 against after Energy Minister Konrad Mizzi described it as “full of unfounded allegations which smack of political delaying tactics”.
The Opposition’s demand to annul the subsidiary legislation in question should not be accepted
The motion by former ministers Tonio Fenech and George Pullicino sought to substitute the Procurement (Energy and Fuels) Appeals Board with the Public Contract Review Board, which is based on EU directives.
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 Government and of Enemalta Corporation?”
Dr Mizzi said that the autonomy of the review board on energy and carbon products enjoyed the same level of protection as under the Public Procurement Review Board which had identical regulations for the appointment of the chairperson and two members on the board. It allowed the possibility for a bidder to re-enter the process if he was proven right.
Dr Mizzi said that the EU directive indicated by the Opposition in its motion was not applicable to contracts for the provision of energy and fuels. This was also confirmed by the EU Commission.
The Opposition’s demand to annul the subsidiary legislation in question should not be accepted. The Government had sought the advice of the Attorney General and of a private legal firm, he said.
The Opposition had a track record of failures in the energy sector. The PN government had opted for a power station operated by heavy fuel oil when it could have easily opted for one operated by gas.
The Government had a clear plan that would be implemented while being transparent.
It had begun conducting studies and had already issued a call for expressions of interest. The submissions received constituted proof that the Government’s promise was achievable.
This project would ensure clean energy and would permit the closure of the Marsa power station (in respect of which the Government was incurring daily fines) and the Delimara Phase One.
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.
Many foreign international companies submitted their interest in the project – proof that they trusted the new administration and were only interested in making a viable and profitable investment.
Parliamentary Secretary for Justice Owen Bonnici spoke on the functions of judicial review, saying that the inferior and superior courts of appeal had the right to change decisions taken by the government on their legality. Maltese legislation provided also that regulations of judicial review did not apply where contestation had been provided for under other laws as was the case in decisions taken by Mepa.
Dr Bonnici said that the Government had appointed the Procurement (Energy and Fuels) Appeals Board because the regulations establishing the Public Procurement Review Board excluded it from hearing bidders’ complaints on energy and carbon products.
The energy review board gave the same level of protection to bidders as established under the procurement board
Concluding, Dr Bonnici called on the Opposition to stop creat-ing obstacles.
Marie Louise Coleiro Preca and Grech Etienne (PL) and Kristy Debono, Albert Fenech, Carm Mifsud Bonnici and Marthese Portelli (PN) were absent when the vote was taken.