The Ombudsman Commissioner for Environment and Planning has hit out at the government’s plans on the demerger of the Malta Environment and Planning Authority, saying that the proposals undermine transparency, accountability and access to public scrutiny.

In a letter sent to the Prime Minister and the Opposition leader, architect David Pace said he shared the concerns of environmental NGOs and the public in general that the demerger would limit public participation.

The laws defining the Mepa demerger are being debated in Parliament, which is now in the summer recess. The ombudsman said that there is still time for amendments to be made to the laws as they are being proposed to address the issues in hand,

The Mepa demerger, architect Pace wrote, was promised in the Labour Party’s electoral programme. But such a process should be aimed to make Mepa more efficient, reduce bureaucracy and ensure a better safeguarding of the environment. It must also be ensured that the work of the two authorities to be set up will be open to public scrutiny at all levels, while the necessary checks and balances should be in place.

On the draft bill regarding the planning authority, Mr Pace said that the proposals mean that there will be a concentration of power in the hands of a few people, unlike the situation at present which gives the opportunity of a wider debate and scrutiny. The minister will also be having too much power.

In the ombudsman’s opinion, the new executive council members, or at least the chairperson, should be appointed by the President following consultation with the Prime Minister and Opposition Leader. If this is not possible, then the members should be appointed after the approval of the House of Representatives’ committee on the environment and planning.

The transfer of public officers to the authority should be limited and only be possible after a public call.

The environment authority will be entitled to participate in the planning authority executive committee meetings only following an invitation from the latter. This should not be the case, the ombudsman said. The environment authority should have the right to be present for such meetings.

Mr Pace also suggested that the state of the environment report is no longer carried out by any of the two authorities but by his office. This would ensure a more autonomous and independent compilation of the report.

It is a fact, he added, that the environment section of Mepa has not been given too much importance in the past years. There is a great need for the strengthening of its structures via the employment of more human resources. Mr Pace laid emphasis on a need to tackle the problem of noise pollution.

The establishing of national strategic policies for the environment and planning could lead to considerable overlapping and it is not clear on what will happen if this happens, Mr Pace said.

The members of the tribunal for the environment and planning should also be appointed by the President after consultation with the Prime Minister and Opposition Leader, or by the parliament committee for environment and planning.

The ombudsman suggested that the members of this tribunal should be full-time to emphasise the importance of the institution and to ensure that the members are focused on the appeals they will have to judge.