The Malta Independent 27 April 2024, Saturday
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Partit Demokratiku proposes to hold State criminally liable on environmental issues

Monday, 23 April 2018, 14:24 Last update: about 7 years ago

Partit Demokratiku said today it will be pushing for amendments to Bill No. 34, the Constitutional of Malta Amendment Bill, which will be debated in Parliament this evening. The bill aims to enshrine the protection of the environment in the Constitution, but it will only do so in a cosmetic way.

In a statement, Partit Demokratiku said it is proposing real amendments which would actually fulfil the stated objective, beginning with the fact that the environment should be bestowed a legal personality with the corresponding rights and criminal liability attached.

Hon Herrera's bill also talks of the government's responsibility towards pollution in this bill, but Partit Demokratiku proposes that the responsibility be towards all types of pollutants. Likewise Partit Demokratiku believes that the Environmental Court which Minister Herrera has promised should not have a narrow remit.

Instead, environmental and heritage matters should be fast-tracked through this court, instead of being held up for years on end, and that all citizens have a right to take a matter to this Court, including representatives of NGOs, not just third parties. There is a drastic difference in Maltese law between allowing an individual who is affected by a local problem to seek justice, and allowing an NGO to step in on the same matter from the outside. Partit Demokratiku believes in the equal right for all citizens to speak up.

Partit Demokratiku said it will be pushing for these amendments which will make Article 9 truly justiciable, rather than allow it to remain an enforceable statement , and have the Environmental Court likewise be a shallow way to fulfil the electoral pledge made about it in 2017. This Constitutional change is a unique opportunity and Partit Demokratiku hopes that it will not be missed.

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