The Public Domain Bill proposed by the Opposition is a positive initiative that should increase the transparency needed to ensure good governance and accountability, particularly in light of recent controversies, the Ombudsman has told The Sunday Times of Malta.
The Ombudsman’s opinion was sought following the public outcry on government decisions such as the transfer of land Outside Development Zone for a new university at Żonqor Point.
Joseph Said Pullicino said if the proposed Bill were implemented correctly, the allocation of public land for development projects would be subjected to public debate and scrutiny before any agreement could be finalised.
The Bill presented in Parliament last April would protect national heritage for the benefit of future generations. It empowers citizens to have a say in what is protected and scrutinise government use of public assets.
“Parliament would regain effective control over the disposal of property classified to be within the public domain. The crucial point being that no transfer agreement could be concluded before the property was declassified by Parliament,” the Ombudsman said.
The Bill would ensure the government and the Opposition would be aware of what is happening – not only the few involved in a negotiation
The agreement signed between the government and Sadeen Group for the new American University of Malta lists the Żonqor site as the preferred location. The government has so far refused to publish the agreement.
Controversy erupted last week after Mepa CEO Johann Buttigieg revealed during the House environment committee that Mepa’s Environment Protection Directorate was excluded from the exercise. The Prime Minister instructed officials to keep all information confidential.
The Ombudsman stressed the public’s right to be given timely information to enable citizens to judge what is right or wrong. “Withholding information should be the exception, and it needs to be clearly spelled out. Otherwise, vague terms like ‘in the national interest’ and ‘commercially sensitive’ should be avoided,” he said.
The Bill empowers citizens to recommend land and property to be listed as ‘public domain’, meaning it cannot be commercialised and guarantees public access.
“Government is empowered to administer public assets, not just to dispose of them according to its electoral programme. The idea that government owns the land is incorrect. It is public land owned by us all,” he said.
The Ombudsman stressed the new Bill would only work if implemented correctly: “It is pointless, for example, if it would empower Mepa to sanction illegal development on public land. The only sanction for major infringements of development and building laws must be demolition”.
He insisted good public administration means the rule of law must be upheld while abuse and arrogance needs to be curtailed.
“Unfortunately, planning laws have for years been interpreted by the courts and Mepa in a way as to allow grave violations of the rule of law simply by allowing abusers to pay back in fines a minute portion of their gains. This has to stop,” the Ombudsman insisted.
The Bill would serve no purpose if it does not curb abuse. “No financial consideration can redress the irreparable damage to the environment by abusers who should be adequately punished,” he added.
“The Bill would ensure the government and the Opposition would be aware of what is happening – not only the few involved in a particular negotiation. The law should provide for a mechanism to ensure this timely exchange of information, without prejudicing ongoing investigations,” Dr Said Pullicino said.
“The thin line between the government’s right to administer the country and the citizen’s right to verify and judge its actions has to be defined,” he stressed.