Issue link: https://maltatoday.uberflip.com/i/1489386
NEWS 5 maltatoday | WEDNESDAY • 4 JANUARY 2023 Bill introducing anti-deadlock mechanism for standards commissioner appointment published CONTINUED FROM PAGE 1 The proposal allows the standards commissioner to be appointed by parliament through a simple majority vote if the nomination fails to gar- ner a two-thirds majority in two previous voting rounds. The law setting up the stand- ards commissioner is an ordi- nary law and so government only requires a simple majority to change it. The post was set up in 2018 and the commis- sioner is tasked with investi- gating claims of ethical breach- es by MPs and persons of trust. The post of standards com- missioner has been vacant since the end of September when George Hyzler resigned to take up his post at the Euro- pean Court of Auditors. Talks between Prime Min- ister Robert Abela and Oppo- sition leader Bernard Grech failed to reach consensus on Hyzler's replacement. Abela proposed former chief justice Joseph Azzopardi but the nomination was rejected by Grech. Given that the appoint- ment requires a two-thirds ma- jority in parliament, the Oppo- sition's refusal to play ball led to an impasse. A similar situation had de- veloped over the nomination of the new Ombudsman after incumbent Anthony Mifsud's term ended in March last year. The Ombudsman, which is a constitutional role, also re- quires a two-thirds majority and no antideadlock mecha- nism is in place. However, eventually consen- sus prevailed on the nomina- tion of former judge Joseph Zammit McKeon. Abela has accused Grech of first agreeing to both names only to recant on Azzopar- di's nomination after internal pressure. Grech has refuted the claim, insisting he never assented to Azzopardi's nom- ination for standards commis- sioner. In the wake of the impasse, Abela put forward legal changes to introduce an anti-deadlock mechanism when no consensus can be reached on the appoint- ment of the standards commis- sioner. The move was criticised as autocratic by the PN. The legal text states that a two-thirds majority is required in the first vote. If the majority is not achieved, a second vote is taken seven days later. This will also require a two- thirds majority. If no consen- sus is reached, a third and final vote will be take seven days lat- er and only a simple majority will be required at that point. The Bill also states that new nominations can be introduced before the second and third votes. This type of anti-deadlock mechanism had been proposed by former Nationalist Party leader Simon Busuttil in 2015 as a safeguard when consen- sus on key constitutional roles could not be reached. Introducing an anti-deadlock mechanism for the appoint- ment of the Ombudsman and the President of the Repub- lic will however prove to be trickier given that they require changes to the Constitution, which in turn would need a two-thirds majority to be amended. JAMES DEBONO THE Environment and Resources Au- thority is objecting to the development of a brand new supermarket, located out- side development zones, along the Dun Karm Psaila 'Birkirkara' bypass outside on 5,500sq.m of land. A development application presented by Jason Pace in November is proposing the demolition of existing rubble walls and structures and the uprooting of trees to make way the construction of a supermar- ket and offices built over two storeys with a built footprint of 4,060sq.m. Noting that the site in question consists of agricultural fields and is located outside de- velopment zones , ERA has expressed con- cern on the proposed development noting that if approved it would result in the take up of rural land and in urban sprawl beyond development boundaries. Moreover ERA is also concerned by the additional ancillary requirements to accommodate such pro- posal. While noting that the project will require further traffic and environmental studies, the ERA concluded that such an studies are "superfluous" in view of its over-riding objection to ODZ development . ERA does not have a final say on permits issued on ODZ land but its objections have to be considered by the case officers assess- ing such proposals. The land now owned by Jason Pace, was already earmarked for a Lidl supermarket in 2015 but the application was later with- drawn. Both environmentalists and the Mal- ta Developers Association had protested against the ODZ development, with former MDA boss Sandro Chetcuti complaining about the uneven playing field for those operators buying premium land in devel- opment zones, while others acquire cheap ODZ land. The proposed supermarket will be metres away from another major four-storey office block, proposed on an existing townhouse and its extensive gardens which lie outside the development zones. Both projects abut on the narrow, rural Sqaq it-Tiġieġ alley. And the Birkirkara bypass is already the site of another proposed supermarket and 27-apartment block, on a 4,000sq.m plot next to the Scan outlet, this time within the building zones. Although sandwiched between Birkirkara and the San Gwann industrial area and Ma- ter Dei hospital, the ODZ status of the area creates a buffer between the two densely urbanised localities. Jason Pace is also involved in another bid to develop an ODZ supermarket in Mrie- hel being proposed by Propay Ltd, a com- pany he co-owns with Daniel Degorgio. In this case only about one-third of the area earmarked for the retail development lies within the building zones, a stretch zoned for "mixed use" development like super- markets and retail shops. The Planning Authority's own policy reg- ulating supermarkets shows a preference for supermarkets located inside, or at the edge of town centres, to minimise car use, aimed at encouraging multi-purpose trips and making supermarkets accessible by public transport. ERA objects to ODZ supermarket along B'Kara bypass