The government has turned down a request made under the Freedom of Information Act to publish the Cabinet minutes relating to the controversial Project Closure Agreement signed by the Foundation for Medical Services, Skanska and Blokrete in 2009, relating to the construction of Mater Dei Hospital.

The agreement has been the cause of controversy over its apparent inclusion of a blanket waiver exonerating Swedish contractors Skanska and Maltese subcontractors Blokrete from any claims which may arise, in the wake of the discovery that substandard concrete had been used in the hospital.

But when a copy of the full contract was viewed by The Malta Independent on Sunday, it appeared that no blanket waiver was included: the quoted waiver concerned the settlement of a number of mutual disputes, and did not exclude future litigation over work carried out at the hospital.

Another issue which arose was whether the government at the time, which was led by former Prime Minister Lawrence Gonzi, was aware of the agreement and if it personally approved it. Dr Gonzi repeatedly asserted that the agreement had not been taken to Cabinet.

The existence of Cabinet minutes concerning the project closure agreement would prove that Dr Gonzi’s cabinet was aware of the contract and the conditions included therein, prompting The Malta Independent to file a request under the terms of the Freedom of Information Act to the Cabinet Office.

However, Cabinet records are considered to be exempt from the act’s provisions, and the request was thus refused.

The Cabinet Office also emphasised that “the refusal is not to be understood as a confirmation or as a denial of the existence of any document as requested,” so it remains to be seen whether Dr Gonzi and his Cabinet had actually seen the contract, and the ‘blanket waiver’ which wasn’t.