The article by Opposition MP Ryan Callus (Sunday, August 28), entitled ‘Who to blame for the Sliema tower’, is a misrepresentation of facts, typical of an elite establishment only interested in partisanship.
Politics isn’t about blaming one another but about taking the right decisions together for the common good. I will therefore not fall into the temptation of replying in a similar negative tone but I will simply state my genuine thoughts for readers to judge.
Malta’s high-rise policy was approved under the previous administration in 2000, confirmed in 2005 and once again in 2007. This administration presented a revised policy, which actually reduces the localities where high-rise development can be considered to six earmarked ones. Mr Callus voted in favour.
Together, we decided once and for all that such buildings should only be permitted where common sense allows. No high-rise, for example, in Paola or Gozo where applications for such developments were approved by previous administrations.
There is no doubt that today the environment has a stronger voice because it is safeguarded by an independent and autonomous authority. I am strongly bound to give the environment the importance it deserves. I will support the Environment and Resources Authority and I am committed to giving it more importance.
The ERA has been in action for less than five months, during which time all officials at its helm have done their utmost to ensure it acts as an environment watchdog. A classic example is how we finally took action, together, to regularise fish-farm operations.
A recent press release issued by the ERA highlights its activity. It concluded several actions that had long been pending prior to the demerger, giving rise to new regulations, policies and Natura 2000 management plans. It designated a number of marine protected areas and set in motion regulatory processes, such as those aimed at facilitating the environmental permitting regime. The ERA board also resolved a significant number of long pending environmental infringements.
The ERA has contributed to the decisions regarding changes made in scheme alignments and has influenced proposals for scheme changes that impact ODZ. The result is that these areas now benefit from amended schemes, with a minimal impact on ODZ areas. ERA’s input on the executive council has also made a contribution at policy level.
No doubt more is yet to come from the ERA. But for a five-month-old authority, results clearly speak for themselves
Faced by these facts, Mr Callus launched into a personal attack on me because I allegedly failed to appoint a substitute to represent the Environment and Resources Authority on the Planning Board at its August 4 meeting, accusing me of negligence “or a submission to his government’s attitude towards the building of a capitalist society that disregards the vociferous chorus of criticism that has engulfed the Sliema tower project.
“Jose Herrera had promised to serve as a strong voice for the environment but he has so far been silent. It seems he is following in the footsteps of his predecessor and risks becoming the non-existent, irrelevant environment minister we once had.”
Mr Callus has it all wrong.
Article 63(2)(f) of Chapter 552 of the Laws of Malta states that the Planning Board, constituted under the Development Planning Act, includes a member representing the Malta Environment Authority. All members of the Planning Board, including the representative of the Malta Environment Authority, “shall, save as hereunder provided, be appointed or chosen, as the case may be, by the Minister (responsible for planning)”.
This means that “save as provided”, members are appointed on an individual basis even if their membership on the Planning Board is meant to represent someone or something (in this case the environment). There is no provision that regulates or enables the appointment of ‘substitute members’ to sit on the board when the members are unable to be present.
Thus – after seeking the Attorney General’s advice – given that participation at the Planning Board’s meetings requires that one should be a member appointed in accordance with the law, we concluded it is not possible for any minister to nominate more than one person to represent the Malta Environment Authority on the board.
Moreover, the member appointed by the minister to represent the Malta Environment Authority on the Planning Board cannot himself further delegate that power unless the law provides for this, and this in line with the Latin legal maxim Delegata potestas non potest delegari.
Furthermore, the law states that the minister can only appoint or choose “a member representing the Malta Environment Authority”, implying that he can only appoint or choose one person to be a member of the board for all its meetings and may not appoint different people to attend different meetings of the board in representation of the ERA.
Thus, according to advice obtained by the AG, it would have been legally incorrect had we moved in the direction urged by the Opposition.
Aside from the politics of the past which this Opposition seems to excel in, I am the first to say that there is no doubt more is yet to come from the ERA. But for a five-month-old authority, results clearly speak for themselves. This authority is putting into practice an electoral pledge that people strongly voted for. Now we are in the process of increasing our efforts to boost it and enhance its capacity.
I am positive that with the integrity of the board members and the professionalism and dynamism of this new authority, the environment will be served well for years to come. This is what we have promised and this is what we will deliver.
José Herrera is Minister for Sustainable Development, the Environment and Climate Change.