If the PN's proposed "Right to the Environment" amendment to the Constitution comes into effect, "we will provide every single person with a legal basis to hold the state responsible for breaking their right to a clean and sustainable environment," PN MP Darren Carabott said in a press conference at party headquarters on Wednesday.
The Nationalist Party had previously revealed their intention to present a draft Law to amend the Constitution before the Maltese Parliament and introduce "The Right to the Environment" as a fundamental human right, in order to provide the highest possible level of legal protection to the environment.
The PN said that this development came following a public consultation with the relevant environmental NGO's and stakeholders.
Speaking at the press conference were PN MPs Stanley Zammit, Janice Chetcuti, and Darren Carabott.
Carabott explained the PN's legal proposal in greater detail from a legal perspective.
"The proposal means that we will enter into force the strongest possible law with which to protect the environment, which a political party has never before presented to Parliament," he said.
"Since this is a Constitutional amendment, it will require a 2/3rds Parliamentary majority when put to a vote." Carabott said that the PN are placing the interest of the environment before all else.
"To this day, the environment is in a section of 'declarations' in the Maltese Constitution, and are in place to showcase the aims of the country, in this case the protection of the environment," he said.
"The courts have always interpreted this particular article to mean that 'declarations' are not enforceable in a court of law and we have seen, of late, many shortcomings with regards to the environment. The laws that are currently in place aren't strong enough to prevent the degradation of the environment and this is why the PN is trying to implement this amendment," Carabott said.
"We would be guaranteeing a fundamental human right for a clean and sustainable environment, which isn't a right that the PN have invented as it exists and is in force in over 150 countries, not to mention numerous international treaties."
"If this law comes into effect, we will provide every single person with a legal basis to hold the state responsible for breaking their right to a clean and sustainable environment."
When speaking about human rights, we're here talking about those basic facts that make us human, such as the right to life or the right to free expression. Included in this list, the PN wishes to add the right to a clean environment because everyone in Malta deserves this right, Carabott said.
The proposed amendment will also look at several issues that will crop up.
Firstly, the legal definition of the term "environment" will have to be settled, to see whether the term (which currently encompasses the sea, the land, and the air) ought to be enlarged. The environment is not merely the rural fields, but is also the roads and the places within which we dwell, Carabott said.
Secondly, the PN will look to see who is able to hold others accountable for breaking fundamental rights. "As it stands today, a human right is a personal right and it's only those individuals who are specifically affected that can take legal action," he continued. "With the proposed amendment, the PN is looking to see whether any person is able to start legal proceedings if this fundamental right is broken."
Thirdly, enforcement must be tackled. "The PN will be putting forth a bill which will guarantee how much power the Court will have to halt decisions which will negatively affect the environment," he said.
"We will be providing more information in the coming days regarding this bill, and I wish to thank everyone who took part in our consultation."
"This amendment is the strongest possible law in favour of the environment that a political party has ever introduced in the political history of our country," Carabott concluded.
"Next Monday is the 'Day of the Environment'" Chetcuti said, adding that the PN wished to be remembered for the positive contribution it gave towards the environment. "Our final goal is to achieve climate neutrality, not merely as a country but also a continent."
Chetcuti also criticized the government's Project Green, saying that "it made very little sense to set up an agency, fuelled by millions of euros, tasked with creating green and open spaces, to then turn round and give an already-open green space in Mellieha for development into houses."
She also mentioned the Gozo Ministry's illegal clean-up on Hondoq ir-Rummien beach using heavy-duty machinery, as reported by the Shift, undertaken in advance of Gozo Minister Clint Camilleri's celebration of World Turtle Day.
"I read that Gozo Minister went to give a speech on the Hondoq ir-Rummien beach and am requesting clarification from the Ministry that deals with this issue, concerning this particular bay. When this bay needs to be cleaned, this needs to be done carefully and by hand. I would like them to clarify whether this is the case," she said.
Zammit said: "Today we're living in the midst of a planning process that fails to adequately balance the needs of the environment, the economy, and the social aspect of society."
"Malta never saw as much environmental depredation and decisions taken against the public interest as in these last few years, despite the propaganda of the present government."
Zammit said that since the government is the only one who makes decisions on projects which impact the environment, and no one is allowed to do anything about this, the PN's public consultation is a result of a dialogue that the PN started and is continually strengthening in order to seriously address large shortcomings in the present administration."