Issue link: https://maltatoday.uberflip.com/i/181770
9 News maltatoday, SUNDAY, 29 SEPTEMBER 2013 Confusion reigns supreme over inoperative appeals tribunal Ministry unwilling to force Information and Data Protection Appeals Tribunal to hear cases after members resign – although government says resignations not yet accepted MATTHEW VELLA APPEALS to decisions taken by the Information and Data Protection Commissioner on privacy and freedom of information matters cannot be heard, since the members of the Appeals Tribunal have handed in their definite resignations. The tribunal is in an effective limbo because its secretary claims that the members have resigned and will not hear any cases, while the Ministry for Social Dialogue is saying it cannot instruct the tribunal to hear cases – even though the government insists that the members' resignations were not accepted. The Ministry for Social Dialogue, which took over the office of the IDPC from the former justice ministry, is claiming that the IDP Appeals Tribunal should continue hearing cases even though its members resigned upon the request of the head of the civil service. MaltaToday's appeal on a decision by the IDPC which upheld the refusal by the Automated Revenue Management Services to disclose the amounts that political parties owed for their energy bills cannot be heard, because the tribunal's members have tendered their resignations. With the change of government The ministry is declining to force the tribunal to hear MaltaToday's appeal: "The tribunal is an independent body and it is not within our authority as a ministry to instruct the tribunal when to hear cases" in March 2013, the members of this judicial body tendered their resignations, but unlike in similar situations, they were not informed as to the new composition of the tribunal. "Following their resignations, they have no authority to continue hearing cases. Consequently, procedures in front of this tribunal, as constituted, may eventually be declared null and void," Tribunal Secretary Aldo Testone informed MaltaToday. "In these circumstances I regretfully inform you that for the time being the tribunal, as constituted, cannot appoint for hearing your appeal." But the Social Dialogue Ministry is declining to take any action to force the tribunal to hear MaltaToday's ap- peal, insisting that it is not the ministry's responsibility. "The tribunal is an independent body and it is not within our authority as a ministry to instruct the tribunal when to hear cases." When asked what sort of recourse MaltaToday had, the ministry said that the tribunal members' appointment remained valid. "When in March the principal permanent secretary requested all members of government boards and committees to tender their resignation, it was made amply clear that until a decision on the offer of resignation was taken, all boards and committees were to continue functioning as normal. "The secretary of the tribunal is incorrect in his statement that 'follow- ing their resignations, they have no authority to continue hearing cases'. The members have not resigned but offered to do so, given the change in government. Their appointment remains valid until advised otherwise," the ministry said. "If the members of the tribunal needed to clarify their position on this subject, they could have easily raised the matter with the ministry concerned. At no point was this matter raised or the ministry informed that the members of the tribunal were not hearing cases." When faced with the ministry's position on the tribunal, its secretary told MaltaToday that it was the chairman and two members of the tribunal "Following their resignations, they have no authority to continue hearing cases. Consequently, procedures in front of this tribunal, as constituted, may eventually be declared null and void" – Tribunal Secretary Aldo Testone who were eligible to appoint the case for hearing. "Last March they were asked to resign and they resigned. If the minister so desires, he should contact them again and appoint them anew. I trust you will appreciate that in the circumstances and for the time being I cannot fulfil your request." MEPA reversal a victory for transparency MEPA was going to grant anonymity to those proposing changes in local plans JAMES DEBONO THE Malta Environment and Planning Authority has reversed its decision not to publish the names of individuals or organisations which submit representations or proposals for the new local plans. The decision to grant anonymity to anyone proposing changes to the local plans was revealed by MaltaToday in July and was questioned by the Data Protection Commissioner in comments he made to MaltaToday a month later. "In the interest of retaining the same high level of public scrutiny and transparency, MEPA has reconsidered its decision not to publish the names of individuals or organisations who submit representations or proposals for change in any land use or policy review," a spokesperson for MEPA told MaltaToday. The Authority confirmed that for the local plan review and the current on going policy reviews, the names of individuals or organisations which submit representations would be published with the approved policy document. In July MEPA cited "data protection" as the justification for this change in policy, which would have given developers the opportunity to propose changes to their own advantage, without 'showing their cards'. The startling announcement was made during a presentation by MEPA as it launched public discussions for the forthcoming changes to the local plans – the guides to all decisions related to planning applications. Ini- tially MEPA's intention was to publish the reference number given to each submission – and not the name and surname of the person making the comment or submission. But the publication of the names of the architects and companies proposing changes to Malta's local plans was deemed not to be in breach of privacy rules by the Information and Data Protection Commissioner, Joseph Ebejer. MEPA is obliged by law to take into account all submissions in the various phases of consultation and give a reply to each request or comment. MEPA is also obliged by law to publish the gist of every request and comment, as well as the response thereto. Environmentalists Din l-Art Helwa had also criticised this decision, in- sisting that MEPA's previous practice should remain: all persons and organisations that make submissions during the consultation period should be identified and not be permitted to remain anonymous. On all previous occasions, for local plans and others subject to public consultation, the names of companies and citizens submitting proposals were published alongside MEPA's response. These included the names of architects and developers who had proposed changes and had a vested interest in developing particular parcels of land. This transparency enabled the media and NGOs to question the motivation behind the inclusion of particular plots of land in development zones or in areas with relaxed height limitations. The MEPA website still includes the names of citizens and companies who made submissions during the process leading to the approval of the 2006 local plans and related plans like the Planning Policy for Ta' Masrija in Mellieha, the Ta' Qali Action Plan and local plan revisions related to the Marsa Sports Ground. MEPA also recently published the names of citizens and companies which had sent their comments on the proposed height limitation policy for hotels. Most submissions on past plans were made by developers. READ MORE data protection @ MEPA's shot down by excuse commissioner tinyurl.com/pcnunbs