Issue link: https://maltatoday.uberflip.com/i/195525
8 News maltatoday, SUNDAY, 20 OCTOBER 2013 Tribunal members give definite resignations after MaltaToday appeal Freedom of Information Appeals Tribunal members tender resignations, paving way for new appointments – MaltaToday appeal still pending MATTHEW VELLA THE chairperson and members of the Freedom of Information Appeals Tribunal have tendered their definite resignations, two weeks after MaltaToday filed an appeal against a decision by the Information and Data Protection Commissioner. The resignations of Edward Debono, a lawyer, and members George Sammut and Jennifer Casingena Harper – for the latter two, their second resignation in 2013 – have been interpreted as a direct refusal to hear any appeals after they were first asked to tender 'courtesy' resignations upon the election of Labour to power back in March. The tribunal's members had initially 'protested' the request from the new Head of the Civil Service, Mario Cutajar, being of the opinion that the quasi-judicial body should have enjoyed independence from such a decision. They eventually submitted their resignations, a fact made clear by the secretary of the appeals tribunal when he informed MaltaToday that its appeal – lodged on 25 September – would not be heard since the tribunal's members had already vacated their positions back in March. On its part, the Ministry for Social Dialogue claimed that while the resignations did take place in March, they had not been accepted, implying that Debono, Sammut and Casingena Harper should have stayed on and heard any appeals on the IDP commissioner's decisions: "As per standard procedure after a change in government, the chairpersons of the IDP Appeals Mistra's 774apartment project set to gridlock Xemxija Hill JAMES DEBONO THE Malta Environment and PlanTribunal were asked to offer their resignation by the Principal Permanent Secretary. Although the chairpersons of the IDP Appeals Tribunal offered their resignations in March, these were not accepted by the Ministry for Social Dialogue, Consumer Affairs and Civil Liberties. This automatically means that since their resignations were not accepted, they kept their position." As understood by MaltaToday, the members of the tribunal were less than pleased at learning from this newspaper that the Ministry for Social Dialogue was expecting them to keep hearing appeals after they had first tendered their resignations. And on its part, the ministry informed this newspaper it was unable to effectively demand that the tribunal members hear the appeal, due to its independence from the executive. Eventually, Debono and the tribunal's members submitted their definite resignations, "citing other personal commitments as reasons for their resignations. The resignations were received on 2 and 8 October. The ministry immediately started the process so that other individuals may be appointed and start hearing cases straight away". Complaint MaltaToday is appealing a decision by the Information and Data Protection Commissioner to uphold the refusal of Automated Revenue Services Management Ltd (ARMS) to publish updated invoices for energy and water bills owed by the Labour and Nationalist Parties. MaltaToday argues that the commissioner failed to carry out a public interest test on an issue in which both parties have enjoyed favourable terms of repayment of outstanding energy bills, compared to common clients. ARMS has refused the request, using a blanket provision in the Freedom of Information Act that allows commercial companies not to reveal information on their clients. But MaltaToday is arguing that political parties select electoral candidates who, upon their election, can be appointed to ministerial positions or even parastatal positions to run such bodies like ARMS. Their considerable degree of influence on such government companies was overlooked by the commissioner, MaltaToday said in its appeal. ning Authority is set to approve a project for 774 apartments on the former Mistra Village site, despite clear warnings by Transport Malta that the traffic situation there is already unsustainable. In fact a case officer report recommends the approval of the project, even though the traffic situation at Xemxija Hill has not improved since 2009, when MEPA issued an outline permit for the project. The MEPA board is expected to take a decision on this controversial project on 31 October. The latest plans envisage six rectangular blocks to rise to a maximum of 12 floors from street level and 13 floors from the internal pedestrian level. The development will include 744 new units and a 1,800m2 retail area, which includes a supermarket. In 2009 MEPA approved an outline permit for four boomerang blocks rising to 15 floors (992 units). The downscaling of the project is deemed to improve views from Selmun and pass, in order to alleviate the strain on the existing transportation route, the draconian measure would be to halt all development in Xemxija and Mellieha altogether". But the report dismisses this environmentally friendly option as "not viable" and proposes to "speed up the provision of alternative transportation routes". The Traffic Impact Assessment for the project recommended the re-routing of traffic through the proposed TEN-T Xemxija Bypass, for which no finalised plans or any dates for implementation exist. One of the conditions imposed in the outline permit was the submission of plans for the safe pedestrian crossing across Xemxija Hill following the completion of the bypass project. But since plans for the project have not been finalised, the condition is being dropped by MEPA, because it is "difficult to enforce this condition, which has very long-term implications". In fact, the Xemija Bypass would have an enormous impact on the rural environment in the north of Malta. But the approval of the project mvella@mediatoday.com.mt MITA NOTIFIES THAT OFFERS WILL BE RECEIVED FOR: INVITATION TO TENDER Selmun Valley - Provision of Financial Audit Services – T075/13 3 Issued on: 8 October 2013 / Closing on: 13 November2013 CALL FOR EXPRESSION OF INTEREST - Provision of Insurance Broking Services – T073/13 Issued on: 8 October 2013 / Closing on: 18 November2013 The above tenders are obtainable from the Electronic Public Procurement System (www.etenders.gov.mt) For further information, contact the Contracts Management Department 2123 4710 www.mita.gov.mt Mistra valley but is still expected to have a dramatic impact on the landscape. In 2009 Transport Malta warned that "any additional load, particularly by the scale of the project, would exacerbate the present traffic situation". The development is expected to have an impact on the traffic flows on the roundabout at the top of Xemxija Hill. According to TM, the road is already straining to cope with the existing flow of traffic. Although the reduction in the number of apartments will result in "a significant decrease in the number of trips", Transport Malta warns that "substantial delays can still be expected". The impact assessment for the Gemxija project acknowledges that "in the absence of an alternative by- would make the construction of the new bypass even more necessary. The new development proposed by Gemxija Limited replaces the lowrise Corinthia Mistra Village that was developed in the 1980s. Din l-Art Helwa is objecting to the development, insisting that no permits should be issued before approval of the policy on high-rise buildings which is currently being drafted by MEPA. The draft policy bans any high-rise development which lies on ridges. MEPA has replied that postponing the decision until the new policy is approved would be superfluous, as it will not and cannot have any bearing on the full development applications. "An applicant in possession of an outline development permit has vested rights, which in the past