Issue link: https://maltatoday.uberflip.com/i/187071
8 News maltatoday, SUNDAY, 6 OCTOBER 2013 Tribunal members asked to resign told to stay on six months later Sunshine law is useless without appeals tribunal to hear challenges to IDPC decisions MATTHEW VELLA AN appeals tribunal for decisions taken by the Information and Data Protection Commissioner on freedom of information and other privacy claims, will remain in suspension after new members for the tribunal were not appointed by the ministry for social dialogue and civil liberties. The tribunal's secretary Aldo Testone confirmed that chairman Edward Debono had informed him that the appeals board was a quasi-judicial body and not a committee, and that it was appointed to serve up until 2 January, 2016. But the government had replied that the members were still requested to offer their resignations as a courtesy to the new government, which took office in March 2013. "The appeals tribunal members resigned accordingly and since then, despite my telephonic communications with various functionaries, the tribunal only received communication that they were to be retained by a letter dated 27 September, 2013," Testona said. The letter in fact was sent only after MaltaToday revealed that its own appeal to an IDPC decision could not be heard because the ministry had not reappointed the tribunal's members – showing that the tribunal has been rudderless since March 2013. But the ministry for social dialogue is insisting that the same members should still keep on hearing appeals to the IDPC decisions, until it appoints new members. The stalemate has left IDPC decisions unchallenged, with a recent appeal by MaltaToday unable to be heard because the tribunal is effectively inoperative. Making things worse is the fact that the ministry for social dialogue is claiming it cannot force the members of the appeals tribunal to hear the case, because the tribunal is independent of the ministry. This leaves Malta's freedom of information laws lacking an effective chance of redress. Under the Freedom of Information Act, a request for disclosure that is refused has to be followed by a complaint to the authority from whom information was requested in the first place; and if once again refused, a request for a decision from the Information and Data Protection Commissioner. The IPDC's decision can be appealed before the IDP appeals tribunal, and the tribunal's decision can be further appealed in a Court of Appeal. MaltaToday was refused a freedom of information request to have ARMS Ltd disclose the amounts that political parties, namely Labour and the Nationalist Party, owe for their energy and water consumption. MaltaToday is reliably informed that both the PL and the PN have benefited from specially tailored agreements to suspend payments or repay their dues over protracted periods of time, that are otherwise unavailable for other clients. The refusal was upheld by the Information and Data Protection Commissioner, who asked for submissions from ARMS but not from MaltaToday. His decision echoed the reason cited by ARMS in its refusal, that the information was "a document held by a commercial partnership in which the government has a controlling interest" – the so called blanket exclusion clause found in Article 5 of the Freedom of Information Act. MaltaToday has appealed the decision, because the IPDC did not carry out a proper public interest test that can weigh the benefits of disclosure for the general public. CVA incurs half a million deficit in six months MIRIAM DALLI OPERATING on a yearly expenditure twice its revenue, the controlled vehicular access to Valletta already incurred half a million deficit during the first six months of this year. According to information tabled in parliament by Infrastructure Minister Joe Mizzi, expenses incurred between January and June 2013 have already amounted to €1,033,799. The figures show that CVA always operated at a loss, since it was first set up in 2007. During its first year, it reached a €1,534,843 deficit after expenses amounted to €1,726,014 and revenue amounted to only €191,171. During the following years, CVA's deficit averaged €845,040 until last year when it shot up to €1,021,525. Over the past six years and a half, expenses amounted to €12.8 million, with CVA collecting €6.3 mil- lion of the €6.7 million invoiced. The dire financial situation of the CVA system has prompted the government to consider a review of the system, also acknowledging that much of the Valletta business community was unhappy with the system. While the Prime Minister has not excluded a complete scrapping of the system, the city's local council is however against it being removed but is willing for a review. Addressing a June public consultation meeting, Joseph Muscat had announced proposals for the revision of the CVA system in Valletta could be included in Budget 2014. Among the various considerations being made, one option would be reducing the hours during which the system was operative. Cars entering CVA zones in Valletta are not charged if they leave within 30 minutes. Last year, over 87,000 cars did not pay any charges because they had left within the said timeframe. Figures show that CVA always operated at a loss, since it was first set up in 2007 Year 2007 Invoiced € 550,618 Revenue € 191,171 Expenses € 1,726,014 Deficit € 1,534,843 1,094,813 1,236,679 1,128,045 1,109,044 1,076,662 531,3929 1,022,665 1,231,060 1,133,816 1,146,244 1,090,932 530,544 1,850,724 2,009,237 1,988,928 2,065,056 2,112,457 1,033,799 828,059 778,177 855,112 918,812 1,021,525 503,225 (May onwards) 2008 2009 2010 2011 2012 2013 (until 30 June) Time for the deaf community to be given its due – Coleiro Preca TIM ATTARD MONTALTO The Minister for Family and Social Solidarity, Dr Marie Louise Coleiro Preca, said yesterday morning that it is time for measures to be taken in order to help members of the deaf community fully integrate into society. "We are well aware that, in the past, the deaf community and its people have not been given the attention they deserve. We are intent on changing that," Coleiro Preca said. The minister was speaking at a seminar on deafness awareness, which was organised by the Deaf People Association (DPA), and held at the Intercontinental Hotel in St Julian's Saturday morning. "We want our society to be accessible and open for all, and we believe that the deaf community, and the disability sector in general, deserves our full encouragement and support." She said that, whereas in the past helping such minorities was seen as something charitable, the focus now is to decide on and implement grassroots measures, such as increasing the number of interpreters and making sure that television subtitles become more common. Coleiro Preca, who began her speech by successfully greeting the audience in sign language, stressed that it is imperative that the government work hand in hand with the DPA to achieve such goals. "Government is committed to the needs of the deaf community, and we promise our support. However, social policy is all about working together, and this is why we need you, the deaf community, as the experts in the field, to contribute your ideas. We are confident that by joining forces, results will soon start to show." MEP Roberta Metsola Tedesco Triccas, who spoke after the minister, also said that she was fully committed to the cause and said that it was a shame that there were only three full-time sign language interpreters in Malta. In her opinion, that number needed to be doubled at the very least. Opposition leader Simon Busutill, who spoke via video feed, praised the deaf community for its "huge courage, ambition and drive", whilst also expressing the PN's support for the community's cause. Steven Mulvaney, President of the DPA, explained through sign language and the help of an interpreter that there are many different types of deaf people, who may have differing needs.