The Malta Independent 27 April 2024, Saturday
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Setting the record straight at the Lands Authority

Sunday, 13 October 2019, 09:31 Last update: about 6 years ago

James Piscopo

The Lands Authority must become more efficient and clients must be served in a timely and efficient manner: there are cases of people having to wait for years and, in some instances, for decades.

I feel it is important to address criticism and set the record straight. There have been no power shifts within the Lands Authority. In fact, Chapter 563 of The Laws of Malta, that governs the operation of the Lands Authority, clearly states that the Chief Executive Officer is “directly answerable for his decisions or recommendations only to the Board”. The Board of Governors sets the rules through the enactment of policies. The Opposition’s spokesman for Youth, Sport and the Fight Against Obesity, the Hon. Ryan Callus, sits on this Board and is privy and participative in shaping policies. Moreover, the law has robust checks and balances, including the strong powers vested in the Chief Audit Officer, who can investigate independently. There is no room for an autocrat who decides on his own.

But what, ultimately, is the main issue at stake? The Lands Authority reform of 2017 is a solid piece of legislation but it is, however, perceived as lacking the necessary mechanisms that lead to quick and efficient decision-making. In the past year, we have received justified criticism, including from Opposition members, about the system that was in place.  In short, the fact that every file and almost every transaction had to be approved by the CEO and the Board simultaneously does not make sense.

There was no distinction between what is regarded as the ordinary course of business and that which requires deeper attention and scrutiny. The issuing of a tender for a small garage in a small town would have necessitated the same approval procedure as tendering for a large parcel of prime land, or a delicate request for land expropriation.

The Government’s direction addressed this specifically. It is asking the Board to adopt a different approach, similar to any other Authority that practices the separation of powers. Boards should focus their valuable time and energy on matters and transactions of material importance and those considered of higher risk.

It is a way of balancing risk, allowing the Board to concentrate on issues that demand wider discussion, deeper analysis and a sense of collectivity in decision-making. It cleared the way for operational efficiency at a day-to-day level, whilst keeping checks and balances untouched. In fact, the Board can still call in the Chief Executive and scrutinise every transaction, whilst it is mandatory for the Chief Audit Officer to look at every transaction above €100,000.

The assertion that public land can be disposed of by the CEO as if it was a personal fiefdom, is simply untrue. Today, public land is disposed of by either public tender or a parliamentary resolution. The law is very restrictive and closes loopholes, as it should do. More importantly, transfers involving transactions of over €500,000 need to be sanctioned by the Board of Governors. Valuations, a highly debated topic in the past, will remain as per current procedure and provisions of the law. Checks and balances are not being weakened.

The new direction also came at a time when important achievements were being registered. Recently, I had the opportunity to present the Board of Governors with comparatives indicating that revenue generated by the Lands Authority improved by 40 per cent this year, compared to last year. Application processing doubled, contracts signed tripled and public tenders increased sevenfold, whilst enforcement activity improved by eight per cent.

We have focused on tackling the backlog in the estate management segment, looking at commercial potential. We can do much more in this area and can now take on a pro-active approach, where dilapidated properties with commercial opportunities are issued by public tender. This will allow the Authority to maximise not only government income, but also to assure the best use of the public property portfolio. Only recently, the Authority – in conjunction with the Joint Office – launched a very positive scheme allowing for the redemption of temporary ground rent, thus helping families eliminate uncertainty and offer the chance to finally become home-owners. Needless to say, more reforms are needed. We are focused on the future and how best we can anticipate people’s needs.

By the end of this year, we will introduce new, robust, online application systems with an improved interface. Applicants will have their request sorted within a pre-determined timeframe. This is a radical shift and will require a cultural change within the Authority itself.

We also need to tackle the elephant in the room, which is speeding up the processing of the amassed backlog of ‘recognitions’. These primarily originate from the pending church property registrations, notwithstanding the fact that 27 years have passed since the church-state agreement was made.

Most important of all, however, is to keep inspiring confidence – and maintain an innovation-based approach – in our own people. We are a good team: many of our members are brilliant on technical aspects and have years of experience. They are, however, still hesitant and cautious due to the ghosts of the past. People will not perform well unless they feel safe and trusted and it is my job to believe in them and trust them. This is also why the Government’s direction was welcomed overwhelmingly by the team. Beyond the mud-slinging and untruths, there is light at the end of the tunnel.  Time will tell. We will deliver.

James Piscopo, CEO Lands Authority
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