Issue link: https://maltatoday.uberflip.com/i/652704
maltatoday, SUNDAY, 13 MARCH 2016 4 News TIM DIACONO THE GRTU small business chamber has come out strongly against proposals to raise anti- discrimination fines, describing them as "disproportionate". A bill intended to promote equality proposes the increase of the maximum fine for discrimi- nation and sexual harassment to €5,000, which is more than double the current maximum of €2,329. The current six months' imprisonment potential will be maintained. Characteristics protected from discrimination under the pro- posed law are age, race, sex, sex- ual orientation, gender identity, beliefs, disability, family respon- sibilities, family status, HIV sta- tus, and maternity. The bill proposes the estab- lishment of a Human Rights and Equality Commission, that will be directly responsible to Par- liament, to replace the National Commission for the Promotion of Equality. It will be tasked with investigating cases of alleged dis- crimination, and will be able to fine guilty employers who fail to implement anti-discrimina- tion measures within a specified timeframe. It will also be able to impose additional daily fines of up to €500 until the discrimina- tion infringement is brought to an end. However, the GRTU said in its most recent newsletter that the proposed daily penalty is "astro- nomical" and "exceeds any other penalty that may be imposed un- der any Maltese law". "A daily penalty must be im- posed, but it must reflect the re- alities of the Maltese society," it said. The bill holds employers re- sponsible for suppressing dis- crimination at the workplace, and financially liable for their failure to do so. Directors, man- agers and secretaries of guilty companies, partnerships and as- sociations, will be deemed per- sonally culpable unless they can prove that the offence took place without their knowledge and that they exercised all possible due diligence to prevent such an offence. The Human Rights Commis- sion will not be restricted to in- vestigating complaints, but will be allowed to take its own initia- tive, a power that the small busi- ness chamber took issue with. "Alternatively, the ex offi- cio powers of the Commission should be limited to recommen- dations," it said. "Similarly, it is unacceptable for the Commis- sion to have powers that enable it to enter any premises at any time it deems fit and conduct an investigation. We believe that this should only be possible if a magistrate grants a search war- rant." Moreover, it took issue with the bill's definition of gender identity as a protected character- istic, that includes "expressions of gender, including name, dress, speech and mannerisms". "While we agree that one should not be discriminated against on the basis of gender identity, a degree of discretion must be al- lowed to an employer in relation to dress and mannerisms at the workplace," it said. "Respect to the workplace ethos needs to be a person's prerogative and con- sequently the Act cannot allow for abuse of work environment protocol by claiming freedom of dress or mannerisms". tdiacono@mediatoday.com.mt MEPA issues permit for large fireworks factory extension GRTU opposes harsher discrimination fines envisioned in draft law JAMES DEBONO A new planning policy allowing fireworks factories to expand in the countryside, approved in 2014, has yielded its first environmental casu- alty: a large tract of land outside de- velopment zones in Luqa known as Ta' Hal Salfieni. The land in question was desig- nated as a strategic open gap in the South Malta Local Plan where no development which leads to "the ex- pansion or intensification of already permitted developments" or which results in urban sprawl, can be al- lowed. The development was the first to be approved by an ad hoc technical committee appointed by former jun- ior minister Michael Falzon. Falzon, himself a fireworks enthusiast, had chaired the committee which draft- ed the planning policy facilitating the development of fireworks factories outside the development boundaries (ODZ). MEPA's Environment Planning Commission, which issued the per- mit on Wednesday, ignored the ad- vice given by the Natural Heritage Advisory Committee and the En- vironment Protection Directorate, both of which had warned against the take-up of ODZ land. The EPD had specifically recom- mended that any development should be limited to the southern part of this site but the case officer insisted that the layout of the factory had to follow the technical guide- lines issued by the ad hoc commit- tee. The licensed fireworks factory is located on a large 11,598 sq.m ODZ tract of land which is described as "underutilized" in the planning ap- plication submitted by the fireworks enthusiasts. The complex, located in an area known as Ta' Hal Salfieni, is partly covered by a planning permit issued in 1973. The proposed complex will now consist of 26 rooms. The proposal involves the con- struction of six main stores, a res- ervoir, new storage and processing rooms, blast walls with sand bags, the installation of a new firefight- ing system, the construction of a chain link fence, the re-levelling of the site to ensure better access, the removal of "inappropriate" trees and the planting of new ones and the sanctioning of a number of pre-1967 structures. Din l-Art Helwa was particularly concerned by fireworks activities sprawling from the area presently impacted by the development. "It is a pity that the development is not consolidated in the area which is already developed in order to reduce the spread in the ODZ," it said. Other objections have been regis- tered by residents and farmers who lamented that the extension will bring the factory even closer to them. "We have been suffering from fire in our fields during these past years caused by pieces of fireworks falling on our soil. With this extension the factory will be even closer to us… so please keep the danger away from our fields and ourselves," a farmer wrote in a letter sent to MEPA. A number of residents living in the vicinity of the present factory also expressed concern that the exten- sion will mean that the danger will be closer to them. The Parliamentary Secretariat for EU Presidency 2017 and EU Funds, within the Ministry for European Affairs and Implementation of the Electoral Manifesto, notifies that a call for tenders for the provision and operation of audio-visual and simultaneous interpretation equipment for conferences held in relation to Malta's Presidency of the Council of the EU 2017 has been issued. The tender documents are available to download online from www.etenders.gov.mt CALL FOR TENDERS AUDIO-VISUAL AND CONFERENCE INTERPRETATION SERVICES PARLIAMENTARY SECRETARIAT FOR THE EU PRESIDENCY 2017 AND EU FUNDS of the Council of the 2017 Maltese Presidency European Union MALTA'S PRESIDENCY OF THE COUNCIL OF THE EU 2017