George Pullicino, the Minister responsible for the environment and its regulatory body, MEPA, has fallen back on the age-old excuse that the issue is ‘sub judice’ (i.e., being contested in court) in order to avoid answering awkward questions about the serious criticism levelled at the authority by a senior Criminal Court Judge.
Judge Joe Galea Debono, currently contesting a development application in Zebbug, Gozo, last December launched a scathing attack on the internal operations of the Malta Environment Planning Authority, which he likened to a “kangaroo court”.
Quoted extensively in last Sunday’s Illum, Galea Debono spoke brazenly of a “web of intrigue” involving a confraternity of interconnected architects, each looking after his own interests: “An architect who is a board member on DCC A will find himself processing the application of another architect who is a member of DCC B. It’s a case of ‘You scratch my back and I scratch yours’: I will pass your application, on condition that you pass mine when the time comes.”
Galea Debono is one of 30 citizens filing for an injunction against a permit application for a permit to build a block of flats in Zebbug, Gozo. One of the likelier contestants for future Chief Justice, Galea Debono claims that he resorted to the law courts after a futile attempt to challenge the application process through the MEPA’s own channels.
“We can never be sure (of what’s going on), because of the intricate connections between private architects who work towards each other’s interests, who support each other, and the DCC is all powerful… This means the only guarantee we can trust remains the Law Courts, because when you go (to MEPA) it’s a kangaroo court.”
Echoing the frustrations of many who have borne the brunt of MEPA bureaucracy and intransigence, Galea Debono also tore into its internal decision-taking processes, which he claimed are not transparent, do not guarantee citizens’ rights, and make a mockery of ordinary judicial practice.
“You have no idea what they’re saying, they leave you waiting down there. And besides… the notice tells you that ‘you cannot make representations’. So why should I even go there?! What court or semi-judicial tribunal tells you a priori that you cannot talk or express your own objection? This is a farce!”
More pertinently, Galea Debono also implied that corruption – or at least severe conflict of interest – lies at the heart of the MEPA decision-taking process.
The senior judge claimed that Architect Joe Bondin, who signed the Zebbug application, was at the same time employed on a number of different MEPA advisory boards. For instance, after serving as a DCC member, Bondin went on to become a member of a Cultural and Heritage Preservation body that advises MEPA.
Galea Debono’s outburst last December marks a rare instance when the internal mechanics of Malta’s foremost environmental regulatory authority have been exposed to such withering criticism by a leading public figure. But the minister supposedly responsible for MEPA feels he cannot answer any questions relating to allegations of corruption at the authority, for the simple reason that he is himself a witness in a single case before the Gozo Court.
“These questions refer directly to a case which is still sub judice and in which Minister Pullicino is a witness,” Communications Co-ordinator Ray Bezzina said yesterday. “Hence, there is no comment to make at this stage.”
Likewise, MEPA PRO Sylvana Debono echoed Bezzina almost to the letter: “MEPA has no comment to make as the case is still sub judice, and from MEPA’s end, the application is still not decided,” Debono wrote in an email reply.
And yet, the questions sent to both the Environment Ministry and MEPA made no reference to the actual application currently being contested in court. Instead, MaltaToday merely asked the Minister whether he was aware if any cases where architects on DCC boards are free to carry on with their own private practices, even though there is a possibility that sooner or later, they will have to decide on cases presented by other architects (who in turn might decide on their own applications, etc.).
Pullicino was also asked whether he approves of the above scenario, and whether his government has any intention of changing the current application processing regime.
Exactly which part of the above question is ‘sub judice’ remains unclear. But for his part, Labour’s environment spokesperson Roderick Galdes found no difficulty in commenting on what he deems to be further proof that “MEPA is constantly losing credibility among the public at large.”
“Judge Galea Debono’s comments are worrying and shed further light on the need for a reform in the planning and decision-taking process with regard to development in this country,” Galdes said in answer to MaltaToday’s questions.
“While it makes sense that decisions pertaining to development planning and environmental management are taken in the context of an agency or authority which enjoys a certain autonomy, it is not acceptable that these entities end up operating as though they are not accountable to anybody. A total reform of MEPA should give rise to an updating of its policies so that there would be a clear direction for one and all,” the Labour spokesman said.