Alternattiva Demokratika, the Green Party, yesterday filed a judicial protest against all (sic) members of parliament warning them that the approval of the revision of the Structure Plan would go beyond the legal authority of the Maltese parliament and that they would not be able to plead parliamentary immunity when they are sued for damages by people who will suffer damages.

However, inadvertently – and rather amusingly – the Green Party forgot to include Investments Minister Austin Gatt and Prime Minister Lawrence Gonzi in their list.

By means of the judicial protest filed in court today, Alternattiva Demokratika – The Green Party put the members of parliament on notice that the approval of the motion before parliament will not be an accidental infringement of European Union and Maltese law, but a deliberate violation beyond the powers and the authority of Maltese members of parliament. This, the party said, would expose the Maltese MPs to personal liability to the people who will suffer damages as a consequence of the approval of the motion.

Commenting on the writ, Alternattiva Demokratika chairman Harry Vassallo said that the clear, deliberate violation of the SEA Directive, which is binding on Malta as a European Union member, is an illegal act.

“Members of parliament are not elected to break the law and when they do so, they act in a private capacity, not as members of parliament. Consequently they will not be able to hide behind parliamentary immunity if they are sued for damages by the hundreds of people who will suffer the consequences of this violation of the law,” he said.

He said it was not fair that members of parliament hide behind parliamentary immunity when they knowingly break the law.

“It is reasonable and prudent for members of parliament to refuse to approve the motion now before parliament not only to avoid the astronomic personal liability to which they may become exposed but also to ensure that any such extension to the planning zones is carried out according to the legal planning process which is a safeguard for all citizens and for future generations,” Dr Vassallo said.