The Local Governance Board has censured the San Giljan local council on the process for an expression of interest for the opening of a home for the elderly, saying that the council was in breach of the Local Councils Act and that call was “vitiated, lacked transparency and against the law”.The parliamentary secretary for local councils, Jose Herrera, today published the decision taken by the board
following an investigation on a project for a home for the elderly, parking and new offices for the St Julian’s local council.
Dr Herrera asked the board to investigate and its conclusions vindicate the position taken. In a statement, Dr Herrera said he felt this report is a clear message to the St Julian’s council and other local councils that decisions must be taken according to the law and in a transparent way.
The statement pointed out that after the council was informed of its shortcomings, it acted upon the directions given by the secretariat.
In its conclusion, the board said that the St Julian’s council wants to build a home for the elderly, parking and office facilities for use by the community. It wanted to do so on an existing structure to save money. But the council is not a private entity and must follow the law as established in the Local Councils Act.
The council did not set up a committee or commission to oversee the idea and this led to a series of problems in the process. The way the council went about the issue, especially on the devolution of land that was required, was not acceptable, the board said.
Its call for an expression of interest showed lack of knowledge on the part of the council, and was published before the council had in fact decided to go ahead with the project. It was also not published according to the European Union directives. The call lacked details on the selection process and was too “open ended”, lacking in transparency. It also published the call for the development of land which it did not possess.
The council was in breach of the Local Councils Act because it cannot enter into a form of commercial entity unless authorized by the government. It cannot enter into a public private partnership without authorization from the Local Government Department, the board noted.
In its report, the board said that the executive secretary had specific duties to see that no laws were broken by the council. The board reprimanded the secretary and urged her to be more vigilant and more assertive in her line of duty.
It however said that the council should continue with the project but said that the process must start afresh. It said the council must keep in touch with the central government.