Opposition spokesman Tonio Fenech, who during the last legislature was responsible for energy, yesterday assured the Government that in presenting its motion to amend the legal notice governing the Procurement (Energy and Fuels) Appeals Board, the Opposition was not trying to delay the new power station project.

He said it respected the Government’s mandate to deliver, however, 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 was wiped out completely and the only remedy to be given was a review on a point of law before a court, where one would be compensated for the costs for collecting the tender document.

This was neither good governance nor transparency. It was only after the Opposition’s insistence that the Government issued a legal notice, even though it was issued six days after the deadline for the expressions of interest.

The Government adopted new practices “to accommodate itself”. Additional transparency was required because the PL met potential bidders when it was still in opposition.

The Opposition, Mr Fenech said, did not seek to lengthen the process. It was ready to cooperate with the Government if full respect to bidders was ensured. The Opposition only wanted Malta to obtain a fair deal in a contract that would bind the Government for 18 years.

Introducing the motion, George Pullicino pointed out that the Procurement Appeals Board would have powers which went beyond the powers of a normal appeals board. It would have the power to decide who was eligible for tenders rather than just offering a referral. Again, it was contrary to the promise of having an appeals board on the same parameters as the Public Contract Review Board.

Moreover, one could not appeal from a decision taken by this board 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 Contracts Review Board, which was based on EU directives, could well serve as an appeals board in this sector.

The Opposition was not putting forward amendments to hinder any progress of the power station project, but because it had the common good at heart.

Francis Zammit Dimech said that the Opposition was ready to waive the part of the motion on the setting up of the Energy Board if the Government was ready to agree on other amendments proposed by the Opposition.

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