Solar access should be a right. The government must seriously consider enacting solar rights legislation. There is an urgent need to introduce a law guaranteeing the right to light.
Not only did this government never even bother to make such a vital enactment, but, worse, the government passed planning legislation by stealth, such as the infamous Annex V of DC2015, which allowed for the construction of five-storey buildings. This annex was never scrutinised in parliament, yet its effects continue to blight the Maltese skyline to this day.
A law on solar rights had been in the offing at the very beginning of the Joseph Muscat administration, but the draft law never saw the light of day, for it was quietly scuppered, together with tens of provisions in the planning laws.
Laws that regulate the right to solar access already exist in countries such as the Netherlands, as well as some US states, and while the introduction of solar rights was suggested in Malta back in 2008, no progress has been forthcoming to this date.
It is high time that Parliament introduces the right to light by legislating for a legal easement giving a property owner the right to enjoy the light passing over somebody else's land and through 'defined apertures'. Typically, defined apertures are windows in their building. So, suppose a new development (including a residential home extension) diminishes the light through that aperture to such an extent that it causes a nuisance. In that case, the property owner may have the right to take legal action.
It's important to remember that the right to light is not the right to direct sunlight. Rather, it entitles the beneficiary to a minimum level of natural illumination, not the sun's direct rays.
We should also consider adopting the 45-degree rule, also known as the 45-degree code or 45-degree guide. It is a method that can be used by the Planning Authority to measure the impact of a proposed development on neighbouring properties. The rule is based on the idea that it's reasonable to expect a certain level of light and an unobstructed view from the window of a habitable room.
Today, surveyors have sophisticated computer software available to them to help. Such software uses mathematical calculations to assess whether and to what extent a proposed development will affect neighbouring properties.
The PN and PL's audited accounts
Despite several reminders and warnings by the Electoral Commission, it transpires that the Nationalist Party has still not submitted its donation reports and accounts for 2021 and 2022. Bernard Grech has on more than one occasion tried to excuse or even justify this shortcoming by attributing it to either a lack of human resources or to finding it somewhat difficult to find an auditor to do the job. Of course, whether such excuses or explanations are credible is another matter.
Any procrastination or, worse, avoidance in submitting audited accounts raises great suspicions and sets one to wonder what's behind such dilly-dallying tactics.
Lest we forget, however, by March 2022, the Labour Party had still not presented its 2020 audited accounts to the Electoral Commission according to the law regulating political party finances, whereas the PN had done so.
With this scenario, it's more like having the pot calling the kettle black, and both parties are turning such a serious issue as the submission of their audited accounts into a childish and petty political charade.
The timely submission of audited accounts is of fundamental importance. One of the purposes served by audits is to provide the public with information about the contributions and expenditures of political parties and electoral contestants, as well as the Electoral Commission's assessment of the accuracy and completeness of reporting entities' financial reports.
Formal audits form a critical accountability and enforcement mechanism for ensuring the integrity of political finance.
Despite both parties making it clear that they are not in favour of introducing a state financing system, their poor financials make a stronger case for its introduction.
With such a system, we could perhaps move on to establishing a Court of Accounts that audits the accounts of our political parties and verifies the regularity of the expenses of electoral operations. Such a court could also be included in our Constitution, as is the case with many countries around the world.
The current system is breeding mistrust and suspicion, and is ultimately eroding confidence in the electoral process.
An overdue sentencing policy
The Sentencing Policy Advisory Board has been in existence for quite some time now under the Ministry for Justice, but what tangible results has it achieved so far?
The system we have today can be complex and needs to be more effective. Victims and the public often find it difficult to understand and have little faith that sentences are imposed with their safety sufficiently in mind.
Sentencing should play a crucial role in our system, as it is the means through which the public, victims and offenders see justice being done.
Sentencing policies, guidelines and laws abroad have proved successful and effective after years in place. The Sentencing Act of 2000 in the UK, for example, provides sentencing guidelines to help ensure that judges and magistrates across England and Wales take a consistent approach to sentencing.
Malta, regrettably, still lags behind the majority of EU member states where sentencing policies are clear, in place and regularly adhered to.
It's time that we had a system that takes account of the true nature of crimes, one that is robust enough to keep the worst offenders behind bars for as long as possible to protect the public from harm, but agile enough to give offenders a fair start on their road to rehabilitation.