Issue link: https://maltatoday.uberflip.com/i/542972
14 LEO Brincat has a bureaucratic ex- planation for nearly everything, in- cluding keeping the Environment Protection Directorate (EPD) in limbo for two years and discussing a radical overhaul of planning laws during the hot summer. For the past two years during which 14 new development poli- cies were introduced, the EPD was led by MEPA chairman Vince Cassar while lacking its own direc- tor. Cheeky then, for Brincat to criticise the previous administra- tion for treating the environment directorate as 'the Cinderella in MEPA.' Brincat assumes full responsibil- ity. And his very revealing reply is that he he refused to appoint a new director because he did not want the forthcoming environment au- thority to be in any way compro- mised by any decision under the current set-up. "Had I appointed a director for the environment months ago, he or she would have been answerable to others and not to me or the new authority. If he or she were in any way hindered or if any decisions were taken which go against the spirit of the new Environment and Resources Authority, this would have made his or her position un- tenable. They would have been perceived as an accomplice in any controversial decision." Brincat's answer suggests that he feared that his appointee, however good s\he may have been, would have easily ended up bogged down in the swamps at MEPA, which re- mains firmly within the control of the Prime Minister's parliamentary secretariat. A case in point where the EPD was completely sidelined was in the site selection exercise for the proposed American Uni- versity, prepared by the office of MEPA's CEO without any con- sultation with the EPD. It was this study that selected Zonqor while overlooking a number of environ- mental constraints. Brincat insists that MEPA was not "technically wrong" in not con- sulting with the EPD, saying this was not a decision that required the approval of the MEPA board. But here lies the rub in under- standing Brincat the minister: he may wish to do things differently, but "there is a difference between what is technically correct and what is to be expected." Because he then says he doesn't "answer hypothetical questions" when I ask him what he would do if the future Planning Authority carries out a similar site selection without consultation the Environ- ment Authority [that will replace the EPD]. Brincat's caution in public speech has now stamped him with the uneviable quality of being politi- cally weak, with speculation that he has been sidelined and possibly even on the way out. But he denies rumours of being offered a kick upstairs to the European Court of Auditors. "You seem to know more than I do on this matter but I assure you that nobody has made any such proposal to me," Brincat replied, a slight hint of offence re- verberating in the tone. But Brincat remains unfazed by criticism about his ineffectiveness as minister, and gives the impres- sion that his influence in gov- ernment is greater than it looks from the outside, something I am tempted to believe. For while Brincat is known for his unquestionable loyalty to the PM, he is also more sensitive and receptive to criticism made by NGOs than other ministers. But has the pendulum swung too far from his grip? He claims that he has "sensitised the government on a number of topical issues." An example is the MEPA de- merger itself, he says, insisting that this was a major improvement over a consultation document first issued in March 2014 in which the Environment and Resources Authority (now the Environment Authority) was not represented in the executive council of the new authority. But one of the government's greatest failures was its failure to inspire trust among ENGOs to the extent there was unanimous con- sensus among all of them, that the government was riding roughshod over civil society. Weeks after a massive protest or- ganised by the Front Harsien ODZ against the proposed campus in Zonqor, the controversial Strate- gic Plan for the Environment and Planning (SPED) was approved in an overnight second reading of three bills for the overhaul of the planning regime. Even past PN governments would use the end of July to discuss controversial issues like local plans and the infamous rationalisation of building zones: was the timing an attmpt to get the new laws cleared while the people are more distracted? Brincat immediately points out that the discussion in the "more crucial committee stage" will take place after the summer recess. NGOs have now been given till 7 August to present their written submissions on the new laws, al- lowing MPs to include any amend- ments in committee stage before the final vote. "The timing is dictated by the need to give unions represent- ing workers at MEPA a clear cut- off date for the separation. They wanted a clear deadline and they did not want the process to drag on eternally. Therefore on our part we wanted to conclude the process by summer." But he acknowledges that it was the government, not the unions that decided on the summer 2015 deadline. He points out that the EPD have been involved in talks since the beginning, along with MEPA unions, and that the EPD's submissions on a consultation document on the demerger issued back in 2012, will also be made public. Brincat himself actively courted ENGOs before the general elec- tion. But does he feel in any way responsible for the fact that rela- tions have now turned sour? "If the government has any blame in this, I assume the collective re- sponsibility for this but I remain committed to hear all NGOs, even those who were harshly critical of me. We need good relations and synergy to achieve goals." Surely in the current debate Brin- cat has played the role of good cop. His call on NGOs to remain vigi- lant to ensure proper implemen- tation of the new laws contrasted with planning secretary Michael Falzon's distinction between genu- ine and "not so genuine NGOs" whom he takes with a "pinch of salt." "Who am I to pass judgment on a colleague?" Brincat replies again when asked on Falzon's statement, refusing to come down hard on the green lobby's detractors. "Regardless of the NGO involved I will always look at the merits of what they are saying not on who they are or what their background is." He also insists that he prefers a relationship with NGOs in which "dialogue takes place before flash points and clashes." But NGOs were particularly in- censed after being given a 24-hour notice to attend a consultation meeting in parliament about the new laws before the public con- sultation period was extended to 7 August. "Online consultation is an effec- tive form of consultation and can be as good as a discussion around a table... especially if it takes the form of a well presented memo." He refers to examples of other suc- cessful episodes of online consulta- tions, such as that on the national waste strategy. Would it not have been better to consult NGOs and the public before the actual parliamentary debate to ensure they influence the debate? "NGOs were free to submit their feedback in real time during the debate itself... I had no problem with NGOs passing their feedback to the opposition. "We had pressure from the un- ions not to procrastinate on the demerger… the last thing we want- ed was to drag on with the process indefinitely. We could not allow the process to degenerate into an endless debating society." As a sign of good will towards NGOs, Brincat refers to the ap- pointment of a NGO representa- tive for the committee entrusted with strengthening the law setting up the Guardian for Sustainable Development. Of course, the back- drop to that was unprecedented resignation of all four members of commission after the depature of Michael Zammit Cutajar, who claimed their mandate could not be accomplished due to a lack of financial and staff support. "I am disappointed that they re- signed but we took this as an op- portunity to heed their suggestion and have a fresh look at legislation by appointing a committee for this aim. We asked NGOs to nominate someone of their choice instead of appointing one of our choice." Brincat also wants NGOs to be- come more involved in the day-to- day running of nature parks like the Majjistral Park. Ever the minister willing to be put to the scrutiny of others, this week he called on the media and ENGOs to watch "like a hawk" over the two authorities set to take care of environment and planning. Does this even suggest that Brincat himself is wary of his own govern- ment's intentions? "What concerns me is how the laws will be implemented. "It is part of the media's job – along with the green NGOs – to ensure that planning and environ- ment legislation was being prop- erly implemented. We stand to be judged by the implementation. It is useless to propose new laws without having the capacity to implement them. That would be a cosmetic exercise, and that is why I called on NGOs and the media to remain vigilant to ensure that we implement the new laws." But will the new law effectively give the EA the same status as that of the Malta Tourism Authority, when it comes to consultation on planning applications? Brincat defends the new set-up from accusations that it has re- moved the environmental aspect from planning, pointing out the in- clusion of two EA representatives in the Planning Authority's Execu- tive Council which will decide on policies. "It would have been humiliat- ing if the EA were relegated to the role of an external consultee as suggested by the consultation pre- sented in 2014 but this is not the case because the authority will be represented in the executive coun- cil where policies are discussed." But what power would the au- thority have to stop an application for a construction development in any locality, which would for ex- ample create more traffic and air quality problems? Interview By James Debono maltatoday, SUNDAY, 19 JULY 2015 Watch me like a hawk 'There is a difference between what is technically correct and what is to be expected' DOING THINGS DIFFERENTLY 'I called on NGOs and the media to remain vigilant to ensure that we implement the new laws' SELF-CRITICISM