Issue link: https://maltatoday.uberflip.com/i/685221
maltatoday, SUNDAY, 29 MAY 2016 2 MIRIAM DALLI EDUCATION Minister Evarist Bartolo is adamant that it's time for Joseph V. Bannister to give up his position as chairman of the Malta Financial Services Author- ity, the post he has held since 1999. "I'm not saying this because I am supporting anyone else but because it is simply unacceptable that a regulator spends more than 10 years in his position. It is simply not healthy," Bartolo argued. Discussing the matter with An- drew Azzopardi on Radju Malta's Ghandi xi Nghid, Bartolo denied that he was favouring Finco direc- tor Paul Bonello to replace Bannis- ter. Bartolo claimed that Bonello had no interest in becoming MFSA chairman whilst he had no interest in supporting Bonello for the post. "I have criticised Bannister be- cause he's a public person with huge responsibilities and I believe that he has failed from fulfilling his duties," the minister said. Bartolo has for years accused Bannister of failing to declare in the Malta Financial Services Au- thority's annual report a director- ship in a Cayman Islands company. Bannister has repeatedly denied any conflict of interest as direc- tor of Kairos Fund. He has denied holding any funds in the Cayman Islands and insisted that "the mat- ter was closed" following talks be- tween then Prime Minister Law- rence Gonzi and Joseph Muscat, then leader of the opposition, five years ago. The minister insisted that no regulator should serve more than two terms. "If we want to talk about good governance, we have to talk about this as well. An individual who spends 15 to 20 years in one place ends up seeing the structure as their own and I'm certain they decide who should receive con- tracts," he said. On Facebook, independent MP Marlene Farrugia said she would move a motion in parliament if backbencher Silvio Schembri fails to summon Bannister. Schembri chairs the parliamentary commit- tee for economic and financial af- fairs. "We have a cabinet member strongly pronouncing himself. The least we can do is summon Joe Bannister. If Schembri fails to summon Joe Bannister, within the next two weeks, I will move a mo- tion to discuss the points Bartolo has raised," Farrugia said. "It is too serious a situation to be ignored any further." During the programme, Bartolo reiterated that, beyond Panama Papers, Lux Leaks, Swiss Leaks and offshore leaks, these revelations should encourage the country in a debate. "There is nothing illegal in what Konrad Mizzi and Keith Schem- bri did but there was an issue of what's incorrect. We should be discussing setting a register for companies registered abroad – something which the government is considering. I also think that Maltese should only deposit mon- ey in countries where there is an automatic exchange of informa- tion." News It's time for Bannister to go, Education Minister insists Four extra storeys on iconic Savoy hill building JAMES DEBONO THREE extra storeys and a pent- house have been approved on an iconic existing two-storey town- house in the corner between Triq Reggie Miller and Rue d'Argens in Gzira. While the façade of the existing building will be retained, the PA has allowed the internal demoli- tion of the house and the addition of four floors above existing levels. The building will now accom- modate a basement garage and 10 new residential apartments and a penthouse. The increase in heights was ap- proved in two stages. The first permit, which follows the height limitation set in the local plan, was issued in June 2015 and foresaw two new floors and a penthouse. The development was approved, despite the dissenting vote of Dr Charles Grech. The additional development was deemed to complement the exist- ing façade. The second permit issued last Wednesday was to turn the pent- house level into a full storey and to construct a penthouse on it. The latest change to the height of the building is justified by the design guidelines approved last year. These guidelines translated the height in floors found in the local plan to a height in metres. That means that while previously developers could not build any more floors than the maximum al- lowable in the local plan, they can now edge up higher as long as they stay within the maximum height in metres. The facade of the building was retained because it lies within a design priority area but the rest of the building was deemed not to have any architectural value. The proposal foresees the uprooting of two trees located in the front gar- den of the townhouse. The trees do not belong to any protected species and will make way for an- other entrance to the building. Environmental organisations entitled to contest public entities' decisions, court holds MATTHEW AGIUS THE Court of Appeal has de- clared that an environmental organisation may contest the decisions of public entities which affect the environment. This emerged in a landmark decision handed down on Friday by Chief Justice Silvio Camilleri and judges Giannino Caruana Demajo and Noel Cuschieri in a case filed by the Ramblers' As- sociation of Malta against the Planning Authority. The case dealt with the valid- ity of a permit issued to a prop- erty in Wied tal-Marga, limits of Bahrija – a zone the association describes as "having ecological, scientific and archaeological value" – and that permit's sub- sequent extension. The defendants had argued that the association, not being directly involved in the permit or development, had lacked the juridical interest to contest its issue – an argument which had been upheld by the First Hall of the Civil Court. But this has now been reversed on appeal, the court holding that the association was invok- ing a right against a governing body and not against the indi- viduals who had been issued the permit. The court applied the 2006 Plans and Programmes (Pub- lic Participation) Regulations, which transposed the EU direc- tives implementing the Aarhus Convention on Access to Infor- mation, Public Participation in Decision-Making and Access to Justice in Environmental Mat- ters, into Maltese law, noting that EU directives' direct effect between the State and the indi- vidual could also have an inci- dental effect on the legal posi- tion of other private individuals. The Court of Appeal conclud- ed that the Ramblers Associa- tion was able to request a decla- ration on the validity of a permit and to request its effects to be reversed. The court revoked the judgement of the court of first instance, sending the case back to that court for a decision on the merits. Lawyer Joseph Ellis represent- ed the Ramblers' Association, while lawyer Ian Borg appeared on behalf of MEPA. Lawyers Franco Vassallo and Joseph Camilleri assisted the owners of the property in question. YOUR FIRST CLICK OF THE DAY www.maltatoday.com.mt Education minister Evarist Bartolo The façade of the townhouse will be kept but four additional floors (inset) will be added