The Government of Malta has published a Green Paper which "sets out Malta's vision and commitment to environmental protection, anchored in the country's Constitution, international agreements, and national legislation."
The government published the paper, which is out for public consultation, on the same day that Parliament was to debate a PN Bill that, if passed, would amend the provisions of the Constitution of Malta by introducing and recognising the right to live in a clean, healthy and sustainable environment as a fundamental human right. The move indicated that the government would not be backing the Bill.
In a statement announcing the Green Paper, government said it was launching a wide public consultation aimed at further strengthening the legal framework on the environment in the country, "while ensuring that the rights, traditions, and livelihoods of citizens remain safeguarded. Currently, Parliament is discussing a Private Member's Bill presented by the Opposition, which proposes constitutional amendments. Such a process requires broad consultation in order to gather everyone's views and to properly assess the impact of the proposals." Among other things, the Green Paper explains that environmental protection is already enshrined as one of the principles of our Constitution in Chapter 2 (which is a non-enforceable chapter in the Constitution), and it invites positions from all stakeholders.
The Green Paper invites citizens, NGOs, businesses, and experts "to participate in shaping stronger environmental laws, better governance, and a more sustainable future. The document provides both local and legal context, along with consultation questions designed to collect public opinions," the government said.
"We believe that wherever necessary, we should strengthen the laws that protect the environment, and that is what we will continue to do. But every change requires broad consultation involving society as a whole. That is why we are inviting everyone to participate in the consultation process. We want everyone's opinion on the priorities for environmental protection, public participation and transparency, the actions and remedies, and the long-term vision," Environment Minister Miriam Dalli said.
"Government firmly believes in the right to a healthy environment, but this must be done seriously, on solid constitutional grounds, and with a vision that safeguards the common good. The draft proposed by the Opposition not only introduces this right in a vague way and without procedural safeguards, but also opens the door to unfounded, speculative, and potentially malicious lawsuits. This is not the way to protect the environment. This is a way of endangering legal stability, investment, and people's daily lives," said Justice Minister Jonathan Attard.