The controversial waiver clause in the final agreement over Mater Dei Hospital in 2009 was not put to Cabinet for approval, former prime minister Lawrence Gonzi said yesterday.
Dr Gonzi was replying to questions on revelations that the agreement negotiated by the Foundation for Medical Services with Skanska included a waiver freeing the Swedish construction company from any future liability in return for dropping more than €23m in claims against the FMS.
On Sunday, John Dalli, who was health minister at the time, said he would have taken any such contract before Cabinet for discussion and approval.
However, Dr Gonzi said: “So far as I can recall – as I am travelling out of Malta at the moment – and after consulting some of my [former] Cabinet colleagues, this so-called waiver clause was never put to Cabinet for approval,” Dr Gonzi said.
When contacted Mr Dalli insisted he did not have a copy of the contract the government was making reference to.
“I do not know what contract they are talking about, and if Lawrence Gonzi is saying it never came before Cabinet, then I must have never seen it myself because it was always my practice to seek Cabinet approval in such circumstances,” he said.
The closure agreement, apart from the controversial clause, has so far not been made public by the government, which has accused the former Nationalist administration of releasing foreign and Maltese contractors from their contractual responsibilities.
The accusations came after a study that showed how the concrete at the hospital was of an inferior quality to that expected of a structure that must be earthquake-proof.
Dr Gonzi said: “I understand that the wording covers outstanding issues raised and negotiated between both parties but does not include waiver of bad workmanship and/or fraudulent activity or any other statutory responsibilities according to Maltese law. In any event I would have never authorised or countenanced such a blanket waiver.”
The government has insisted the waiver will make it difficult to recoup the more than €30 million needed to put right the structural problems.
Read more in Times of Malta.