Prime Minister Joseph Muscat insisted in court today that the government had introduced new regulations on street billboards to ensure there was a level playing field for everyone.
Dr Muscat was testifying in a case instituted by the Nationalist Party where it is challenging the legal notice bringing in the new regulations, claiming breach of freedom of expression.
In terms of the new regulations, billboard owners have to pay Transport Malta an annual licence fee of €1,500 for every structure exceeding 0.5 square metres.
Replying to questions by lawyer Jason Azzopardi, the Prime Minister explained before Mr Justice Joseph R Micallef that although issues of planning fell within the competence of his ministry, these were now entrusted into the hands of Parliamentary Secretary Deborah Schembri.
Dr Muscat said that work on the new legislation had already been commenced by Minister Michael Farrugia and then continued by Parliamentary Secretary Michael Falzon. Therefore Deborah Schembri was actually carrying on works in progress.
Dr Muscat explained that although he was not in a position to confirm whether there had been any consultation on the legal notice, he did know that the issue had been in the public domain. He also knew that there had been complaints by the billboard owners following the issue of the legal notice.
Previous regulations had gross loopholes and gave rise to abuse, the Prime Minister explained.
The process for the new regulations was intended to create a level playing field between all interested parties who set up billboards including political parties.
There were many billboards on the roads and something needed to be done to control situation of abuse.
The legal notice was meant to create a level playing field and not to breach the political parties' right to freedom of expression. Parties have a right to voice their opinion without however giving rise to a free for all.
When lawyer Karol Aquilina asked whose billboards were on the streets after the last general election, vociferous objection was made by the government's lawyers who claimed that the question was not relevant to the merits of the case.
Dr Muscat stated that after the election there were billboards belonging to both major parties. "There was even one showing my face" he quipped. Having been party leader since 2008 today I am immune to criticism.
The Prime Minister denied having given any instructions for the removal of the billboards, declaring that he had signed the legal notice with all other documents as he did on a regular basis. "We removed the abuse. This was regulation and not a suppression of the right to freedom of expression," he insisted.
Asked whether the new law allowed political parties to set up temporary billboards, Dr Muscat replied that he was not sufficiently informed on details. Not even about the fee imposed in favour of Transport Malta
Paul Abela, GRTU president for the last 12 years testified that as soon as the legal notice was issued the union had protested against the €1500 annual fee. That same evening the notice was amended and the fee was removed.
The union met Parliamentary Secretary Deborah Schembri and voiced the members' complaints. They later received a reply telling them that most of their proposals were accepted.
Mr Abela stated that the union was not consulted before the issue of the legal notice. If the fee were to be imposed, it would ultimately be borne by man in the street, he said.
The GRTU acknowledged that the area needed to be regulated since there were no fixed criteria. "There should be rules. However we were negatively affected because of the political issue. The legal notice was introduced because of the political billboards.Then it was extended to shop signage."
Asked whether he knew the cost of leasing billboards, Mr Abela said that he did not enter into this issue. "That is not my business."
The GRTU was not opposing regulation of this field. It was not against planning and regulation as long as all were treated equally. Enforcement needed to be fair for all. As long as it was equal and reasonable for all the GRTU would not contest, Mr Abela concluded.
Lawyers Jason Azzopardi and Karol Aquilina for the PN
Attorney General Peter Grech for the PM.
Lawyer Chris Cilia for Transport Malta.
Lawyer Robert Abela for Planning Authority.