The decision taken by the government to allow Planning Authority meetings to take place electronically due to the COVID-19 outbreak has been controversial to say the least.

Many issues have been brought up about this decision, including, among others, that some people might not have access to the necessary technology that would allow them to participate in the meetings. Indeed Independent MPs Godfrey and Marlene Farrugia yesterday highlighted this point and others, such as that "currently, the bodies responsible for hearing appeals are closed down."

This evening however, Environment Minister Aaron Farrugia was asked a question during the Parliamentary Session relating to the first issue, the digital divide, and has given his answer to this concern.

The environment minister said that before publishing the legal notice, environmental NGOs were consulted, but said that this does not mean they all agreed on everything. Farrugia said that Malta became an example as after the legal notice was published, the UK followed along the same lines. He said that the digital divide will not be a hindrance, adding that people will have the ability to go to the Planning Authority where they will have access to a laptop in a room from where they could follow the proceedings and make their contribution.

Independent MPs Godfrey and Marlene Farrugia today filed a motion in Parliament regarding the legal notice, and have called for the recent decision to allow public consultation of planning applications to take place electronically to either be modified or revoked.

The independent MPs argue that the legal notice in its present form does not respect the obligation of having public proceedings, and that the current situation in the country has effectively created a situation where appeals cannot take place at this current moment in time due to the temporary suspension of the institutions that handle such cases.

Speaking with The Malta Independent, MP Godfrey Farrugia said that transparency, accountability and accessibility are principles that must be kept. He said that this is required more so given the unsustainable development situation in Malta.

Godfrey Farrugia, who is also a doctor, also spoke of construction workers who are working close together, and argued that they are not being given the required protective equipment in terms of virus spread prevention. "The Planning Authority is also obliged to ensure that the health authority directives are being followed."

Godfrey and Marlene Farrugia argue, in their motion, that the COVID-19 outbreak has resulted in an extraordinary situation in the country, so much so that "public and open consultation meetings cannot be called, and as such there is no valid reason as to why this legal notice was taken with urgency when the public and common interest, and that of sustainable planning, have long called for other priorities which have been kept on a shelf. These include the publication of measures to strengthen planning enforcement and the environment while looking at the health and safety of third parties - particularly those people on construction sites."
They also argued that since December 2019, the Environment and Planning Review Tribunal has been suspended for various reasons, and as such the rights of appellants are not being upheld since appeals are not being heard. "This is creating a prejudice against appellants and obstructs their right to justice."

Marlene and Godfrey Farrugia added that due to the COVID-19 outbreak, the Court of Appeal is not operating.

The two independent MPs highlighted that the right to widespread and proper consultation is being denied through the legal notice, as not every citizen has access to electronic means. This was the issue that the Environment Minister had spoken about in Parliament. MPs Godfrey and Marlene Farrugia also argued, however. that the legal notice permits that, if the electronic meetings are not transmitted completely and the public cannot participate, then the process would still be allowed to continue.

The two independent MPs also argued that "since the public notification regarding a meeting for a permit can be called just earlier than 24 hours before, within which members of the public must submit their registration to access the public meeting, it is not enough time for members of the public to prepare themselves for it. The public must be notified at least 10 days prior to a meeting."

They added that "the powers of the Chairperson are absolute and that he could decide which are meetings can take place physically and those that can take place electronically, arguing that this discretion could result in abuse, discrimination and legal uncertainty.

Godfrey and Marlene Farrugia call for the legal notice to be amended or withdrawn in order for public participation and open meetings be considered as an effective obligation, as per other laws.
They also called for a public consultation on every legal notice concerning development and planning, "as a democratic society should have." This, they said, would allow for accountability, transparency, equality and effective access.

Lastly, the independent MPs called for balance between the number of development permits that will be determined and the possibility of effective scrutiny, as well as the opportunity for remedy through the process before the Environment and Planning Review Tribunal as well as the Court of Appeal. They ask for permits to be issued with more caution and in far fewer numbers than usual in order to ensure the health and safety on construction sites.