I refer to the statement issued by the Labour Party’s Councillors’ Section claiming that I was interfering and helping the Nationalist Party and its Councillors. This statement was published in The Malta Independent dated 14 July 2007 with reference to a motion of confidence presented at the San Gwann local council meeting on Thursday, 12 July.
I refute this statement as being false both at law and in fact. The facts relating to this case are as follows. The Director (Local Government) received en email communication on Thursday, 12 July 2007 from San Gwann local council acting Executive Secretary asking for guidance regarding a motion of confidence he had received that was to be presented during the council meeting scheduled for that same day in the afternoon (copy of email attached). After due consideration of the legal requirements, it was established that the only ad hoc provision was article 29 of the Local Councils Act that specifically provides for a motion of no confidence in the Mayor, also laying down the procedure to be followed in such cases. A vote of confidence in the Mayor is not contemplated at law, and the logical implication is that unless a vote of no confidence is passed by the Council, it is assumed that the Mayor still enjoys the confidence of the Council. An email communication in this sense was sent to the acting Executive Secretary that same day and this communication was read during the Council meeting. This notwithstanding, the Mayor decided to present the motion and since this ran counter to the specific guidance given by the Department in terms of the Local Councils Act, the motion (and not the Council meeting) was declared null and void.
It is, therefore, evident that (a) I had acted following a specific request by the Council’s Acting Executive Secretary; and (b) the guidance given by the Director was in terms of the Local Councils Act.
I also categorically deny the allegation that I was in direct contact with any Nationalist councillor to create obstacles for the Labour councillors. Such an allegation is only speculative and is far from the truth. I also declare that I do not communicate my actions or inactions to any third party.
Finally, I declare that in all my actions and inactions I am solely guided by the provisions of the local government legislation, the Public Service Management Code and the Code of Ethics for Employees in the Public Sector, and that in so doing I act without fear or favour and assume full responsibility for my actions.
Natalino Attard
Director, Local Government