Requests to publish the findings of an investigation into a development permit on agricultural land involving a minister’s consultant have been refused by the authorities.

The Times of Malta invoked the provisions of the Freedom of Information Act and the Aarhus Convention, which empowers people to access information on decisions affecting the environment.

Yet, the newly-established Environment Authority said it was refusing the request under the convention because the information “does not qualify as environmental information”.

The investigation report led to the planning authority starting procedures for the revocation of the permit.

It was issued in the name of Roderick Farrugia, the son-in-law of Albert (known as Bertu) Pace, a consultant to Agriculture Parliamentary Secretary Roderick Galdes until he was temporarily suspended following the conclusions.

Last December, this newspaper reported that a permit was issued for a villa on 280 square metres of agricultural land located outside development zones in Siġġiewi. The whole area covers about 10,000 square metres, with the rest planned as gardens.

The Agriculture Department had declared in a letter the site had once been a farm.

This allowed the permit to be approved under the provisions of the rural policy. The document was signed by Stephen Galea, who described himself as a vet support assistant. Investigations by this newspaper indicated that Mr Galea was listed as a “labourer”.

The investigation found that the director general of the Rural Development Department, Mario Spiteri, acted out of his remit and avoided established procedures.

This despite the letter having been printed on the official government letterhead.

The police are currently investigating the matter.

Timeline

February 26, 2016: The Times of Malta requests a copy of the report on the investigation into the involvement of the Agriculture Department in facilitating the permit given to Bertu Pace’s son-in-law. The Agricultural Parliamentary Secretariat does not provide the report.

March 16, 2016: The Times of Malta submits a request under the provisions of the Freedom of Information Act.

April 12, 2016: The Times of Malta is informed that the request under the Freedom of Information Act has been refused. A formal request for a review of the decision is submitted on the same day. This request is still pending; at law a decision has to be communicated by April 26.

April 14, 2016: A copy of the inquiry report is requested by the Times of Malta from both the Planning Authority and the Environment and Resources Authority in terms of subsidiary legislation 504.65 (Freedom of Access to Information on Environment Regulations) that guarantees the right of access to environmental information held by or for public authorities in terms of the Aarhus Convention.

April 15, 2016: The Planning Authority informs the Times of Malta that the
request for the document has been closed since the request does not fall within the remit of the authority following the Mepa demerger.

April 19, 2016: The Environment and Resources Authority replied saying it was refusing the request for publication under the Aarhus Convention on grounds that the information “does not qualify as environmental information”.

April 19, 2016: The Times of Malta lodges an appeal against the refusal with the Office of the Information and Data Protection Commissioner. The appeal is pending.

caroline.muscat@timesofmalta.com