Issue link: https://maltatoday.uberflip.com/i/279808
maltatoday, WEDNESDAY, 19 MARCH 2014 8 MIRIAM DALLI MATTHEW VELLA PAGE 1 The Nationalist Party has accused Home Affairs Minister Manuel Mallia of lying, after the latter said that AFM commander Jeffrey Curmi and his deputy Mark Mallia had received their security clearance before being promoted. Documents in MaltaToday's pos- session show a request made by the Malta Security Service to Mal- tese banks dated 18 February 2014 requesting a "credit status report" in the names of Curmi and Mallia, "as part of a screening process of persons with access to classified information". The high-level security clearance for Curmi and Mallia was only commenced in February 2014, two months after the official an- nouncement of their promotion to the AFM's top ranks in December. This type of clearance, as set out in a European Council deci- sion binding all member states, demands a security investigation covering the two colonels' 10-year financial history: information on all their financial transactions to assess their vulnerability to for- eign or domestic pressure, or to discover unexplained aff luence. Reacting to MaltaToday's report, a government spokesperson clari- fied that the top security clear- ance requested in February 2014 – which is still being processed – referred to clearance for top secu- rity at EU level. Such a clearance allows Maltese senior officers to be able to partic- ipate at EU security meetings. "There is a fundamental differ- ence between security clearance for appointment in the armed forces and a top security certifica- tion for participation at EU level. "The officers in question had their security certification for lo- cal purposes cleared much earlier, in Brigadier Curmi's case in 2008 and in the case of other officers in August 2013," the spokesperson said. He added that this was not a unique situation since those ap- pointed Colonels with the Armed Forces in 2007 were issued a top security clearance in 2011 and in some cases in 2012. The ministry explained that this clearance was issued by the MSS and was certified. It added that the process followed was the same one used in the past. But the PN insisted it was "scan- dalous" that the high-level securi- ty clearance was sought after, and not before, the promotion. However, it also transpires that a number of army officers who had been promoted to Colonels in 2007 had received their top secu- rity clearance in 2011 and 2012. According to PN deputy leader Beppe Fenech Adami, this was be- cause the directive had come into force in 2011. Nonetheless, PN spokesman for home affairs Jason Azzopardi said former AFM commander Martin Xuereb – who assumed command in 2010 – had been top-security cleared before receiving the pro- motion. Addressing a press conference at Dar Centrali, Fenech Adami said the Labour government had given "promotions one after the other to appease people close to the La- bour Party". Fenech Adami said the army "takeover" and subsequent promo- tions had been carried out without following the necessary proce- dure. The PN insisted the promo- tions had been illegal. "We had always said that the pro- motions did not enjoy the neces- sary clearance. Instead, the home affairs minister accused us of ly- ing. It is wrong and scandalous that officials were given access to top confidential information with- out having been properly cleared first," Fenech Adami said. While it is unclear whether Cur- mi and Mallia have meanwhile attended EU security meetings, Jason Azzopardi questioned what would happen if the two "failed" the clearance. Asked about the colonels who received the clearance four years after their promotion, Azzopardi said he could not verif y the mat- ter and would only comment after seeing the documents. He however insisted that the Labour govern- ment had "promised a new way of doing things and to be account- able". "We now have proof beyond any reasonable doubt that this is a gov- ernment that lies... and plans how to lie," Azzopardi said, referring to a ministerial statement which said that the officers had been security cleared. Fenech Adami insisted the gov- ernment had to apply EU stand- ards, as Azzopardi said that this incident could endanger Malta's position in EU fora. "Will the other EU member states trust us? What will they say about this? The minister must shoulder responsibility." The PN has also insisted that Prime Minister Joseph Muscat must take action, "because Mal- lia is lying", accusing the minister of twisting the facts "to confuse minds". The government insisted that the Opposition's irresponsibility was at its lowest ebb, and that it undermined the work carried out by the Armed Forces and institu- tions. 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In the judgement – which ruled that the Authorit y's decision violated the tenants' fundamen- tal human right to enjoyment of their propert y – TM was ordered to revert back to the permanent and indefinite contracts and any increase in fees has to be applied in a structured and reasonable manner. However the fight is far from over, James Piscopo, Chairman and CEO of Transport Malta, told MaltaToday. Questioned over yesterday's judgement, Piscopo simply replied that the Author- it y is currently looking at various options, including that of filing an appeal. A Constitutional Court pre- sided by Mr Justice Joseph Zam- mit McKeon yesterday ruled that Transport Malta had violated the rights of berth holders at Ta' Xbiex Yacht Marina, when per- manent contracts were switched to annual contracts, and the berthing fee tripled. The case was tabled by 19 yacht owners who felt aggravated when, after berthing their boats at the Ta' Xbiex Marina for long years against an annual fee, in 2011 TM informed them of a new annual contract which would replace their permanent berth rental agreement. Moreover, the annual berthing fee paid to TM would be tripled when the new contract came into force, and the owners were told that unless they abide by the new contract, they would lose the right to berth their boats at their usual berths. In their Constitutional case, the owners claimed the new agree-