PN MP Darren Carabott highlighted a legal anomaly in the government proposed bill which will allow 16- and 17-year-olds to become mayors and vice-mayors, where whilst elected individuals would be able to carry out their functions in the office once emancipated, they would be restricted in their personal lives as they would be considered minors.

The second reading of the government proposed bill for persons who attain 16 years of age who are elected as councillors to become eligible to occupy the offices of Mayor and Deputy Mayor commenced in Parliament on Tuesday, where both sides of the house held a debate.

Carabott spoke after Parliamentary Secretary Alison Zerafa Civelli, where he remarked that while the Opposition agreed, in principle, with government on giving youth under 18 years of age the opportunity to serve their locality, the proposed bill has a 'lacuna' which would, for example, restrict the individual in carrying out personal matters such as buying property as they are minors, but have the ability to do so for the Local Council in their role as mayor, accompanied by the executive secretary.

Carabott quoted a PN proposal from the document it released last December, with proposals for a real Local Government, which said that the PN is in favour of allowing a person of 16 years and older to serve as Mayor of a locality, as long as it is ensured that there are no other legal anomalies which interrupt the role and function of the office.

He also mentioned an example of responsibility, such as when there is an open court case against a Local Council. Its representatives before the court must be the Mayor, regardless of age, along with the executive secretary, and they have the responsibility to represent the local council before court.

Carabott said that at the same time, if they are involved in legal matters, the parents would be responsible as they would still be minors.

"These are the anomalies we want a solution for, as the bill as it allows you to perform your duties as mayors, but restricts you personally. At this stage of the bill, there is the need to address the rights and responsibilities of the person," Carabott said.

A point of order was called by Local Governance Minister Owen Bonnici where he clarified that the bill does not remove the right for an individual of submitting court applications so that they are emancipated in their civil life, as they would be emancipated in their role in the office of the local council.

Carabott replied that this was not included in the bill, and that the individual is the same person in their personal lives, as well as their political lives, and the same rights and responsibilities should come with the role and in their personal lives.

He went on to say that additional bills should accompany the one discussed to address the current relevance around local councils, and in which direction local governance is going.

"There must be additional bills talking about decentralisation so that we have real local councils, as today, their responsibilities have been significantly reduced," Carabott said.

He said that local councils have been reduced to 'customer care' and today, the mayor has to tell its residents that he cannot solve their issues, but he can only direct their complaint to the relevant authority.

"Problems in a certain road have to be directed to Infrastructure Malta, problems about traffic flow became a Transport Malta or a LESA issue, enforcement and security are directed to the police. There is a grey area, and they do not know which route to take," Carabott said, adding that there is no clear system where enforcement can be reported.

Even the influenza shot was taken off the responsibilities of the local council, and directed to the national health service, he said.

On waste collection, Carabott said that instead of improving the system within the locality with the local council devising a special system for waste collection for each locality, government has decided to manage waste collection by region.

"The PN has said that it did not agree with this principle at the beginning of this year, and now the people know the disaster out there," Carabott said, referring to waste left out outside hours.

He also said that government made the decision to take away the responsibility of street sweeping and cleanliness from seven local councils and put it under the remit of the Tourism Ministry, further removing local council's powers.

"Local councils have been reduced to customer care. Instead of local councils who make decisions, we have local councils who must go through excess bureaucracy so that residents are served on their basic needs," Carabott said.

He continued that if we truly believe in the government reform, local councils must move back to the direction where it can provide a privatised service for their locality, and not have to go to the Minister or authority.

Carabott, who has been involved in local governance since he was 18-years-old, said that after nine years of experience, he has seen the reduction of responsibilities for local councils, and they have become stuck, as they have to tell residents that they cannot address their problem.

"Young candidates deserve better, to be ensured that they will truly take on responsibilities to truly serve their locality and make a difference, and not have to beg to authorities," Carabott said.

He said that there were those who took a public approach by even resigning from the Labour party, citing that the mayors are elected and those who elected them deserved better, referring to now-independent Gzira Mayor Conrad Borg Manche.

Another point Carabott raised was for MPs to reflect on their behaviour in Parliament, and to truly start serving as an example to youths in politics.

"I am disappointed to say that after yesterday's sitting, where we had the Prime Minister insulting our courts, one must ask about the rule of law. Is this the example we are giving to youths interested in politics?" Carabott said, adding that Parliament was reduced to a ridiculous level after government did not accept the court sentence clearly condemning it on the Vitals' hospitals concession.

He said that the culture of impunity currently in the country is not acceptable, and MPs must be an example for those who decide to go into politics, even encouraging them.

Carabott appealed for better political activism and for local councils to be given the opportunity and tools to be able to better serve its residents

He said that consultation with people who served in local councils was made prior to the PN document for a real local government, adding that it is possible to move in the direction where local councils have more power in their decisions for their locality, hence improving the quality of service for residents.

Parliamentary Secretary Alison Zerafa Civelli said that the bill proposed is to ensure that what happened in the past does not repeat itself.

She referred to two youth candidates who were voted to become mayors of their localities, namely Carlos Zarb in St Paul's Bay and Abraham Aquilina in Gharghur last local council elections, but could not do so as the law did not permit them, despite gaining the most votes in their locality.

"We had two youths who conducted their campaigns, spoke to people, and the majority of the people in those two localities reciprocated their enthusiasm by voting for them. In both cases, the people's decision had to be ignored as till today, the law says that they could not occupy the role of Mayor or Vice Mayor, even if they garnered the most votes," Zerafa Civelli said.

She continued that government, in recent months worked to fix this anomaly, and did not wait until the upcoming local council elections in 2024 as government's politics is to implement what it promised.

Zerafa Civelli said that the main aim and reason for this bill will clarify that youths from 16 years of age and upwards can contest the elections and serve as mayor or vice mayor of their localities provided they gained the people's trust, and garnered the most amount of votes of the winning party in that locality.

The bill includes the amendment that youths will receive legal emancipation when the person is acting as mayor or vice mayor, and they would be legally able to carry out what is needed so this exercise is fully completed.

Zerafa Civelli said that the mayor is assisted by the executive secretary and a group of elected members, with the administrative putting into implementation decisions made by elected members.

She pointed out those who raised doubts on youths' capabilities of that age to serve in that role, where she said that the public knows that age is not a determining factor on the capacity to lead a local council. To lead a local council, you need love for the locality, enthusiasm, energy, good qualities, to be near the people, and to have a sense of service, Zerafa Civelli said.

She said that there are several youths with good qualities who are interested and capable in local governance, irrespective of the age.

"Malta is the first EU country which will give the opportunity for these youths to make a difference if the people chose them," Zerafa Civelli said.

Among social media comments, Zerafa Civelli noted one which said that if youths pursue a career as mayor, then it would interrupt their youth and studies.

"I see this differently, as on a personal level, the experience of the local council, being involved in it myself at a young age, as have many MPs, has helped me strengthen my capabilities," she said.

These amendments do not dictate that youths must contest, but it is open for youths who are ready to do good for their locality, and they can have the platform to do so, she said.

Zerafa Civelli said that the amendment includes training, mentoring and guidelines for youths to 'emancipate' into their role as mayors, which serves for new councillors as well, irrespective of age.