Issue link: https://maltatoday.uberflip.com/i/732282
2 maltatoday, WEDNESDAY, 28 SEPTEMBER 2016 News MATTHEW AGIUS PROTESTS launched by Kamp Emergenza Ambjent and Gzira mayor Conrad Borg Manché have led Manoel Island develop- ers MIDI to allow public access to the island's foreshore. While maintaining that it was not contractually bound to do so, MIDI said it was agreeing to grant access "in view of the po- sition taken by the government and public opinion". The developers announced that they would be making the nec- essary arrangements with the authorities to erect fencing, sign- posts and security equipment in order to reduce risk as much as possible. Pedestrian access – until the development has been completed – will be allowed through the south-facing road leading from the current entrance gate to the foreshore below the steps under Fort Manoel. From this point, the public will be able to walk around the fore- shore of the entire island, always within a 5-metre distance from the seashore. "Until the infrastructure and security measures are imple- mented controlled pedestrian access under surveillance will be given to the public during the weekends from 8am till 8pm," MIDI said in a media release. The climb-down was an- nounced through a counter- protest filed by lawyer Prof. Ian Refalo yesterday afternoon. Last week, the Commissioner for Lands accused the company of violating the conditions un- der which the government had granted the emphyteutical con- cession. In the original protest, which was signed by the Attorney Gen- eral, the Commissioner for Lands accused the company of breach- ing its obligations by "disturbing the public's enjoyment of an area that is in the public domain." MIDI maintained that the contract of emphyteusis did not provide a right of access over its property – insisting that the rel- evant clause was only intended to ensure access to the site. "This being said, the company, in light of the position taken by the government, as well as in light of public opinion, while not renouncing its aforementioned rights, voluntarily concedes ac- cess to the foreshore as request- ed by the Gzira local council," MIDI's counter protest reads. The company insisted that "the land in question is not subject to any right of trespass, neither to third parties, nor to the gen- eral public... and the fact that the foreshore is not included in the emphyteutical concession does not give any right to trespass over the property conceded". In a statement, MIDI said: "Specifically, clause 15 of the deed can in no way be interpret- ed as giving a right of passage ei- ther to the claimant or, more so, the public. "On the contrary, while clause 1.2, which grants rights of ac- cess to the foreshore, is not being contested, this clause does not give rights of access over Midi's property, but is only intended to give rights from two particular points." MIDI said it was "well aware" of the state in which the prop- erty had been at the time of the concession, adding that the com- pany's intention had been to re- spect the contractual conditions during the course of develop- ment works. Quoting the contract itself, the company drew the Commission- er's attention to a clause binding the Commissioner for Lands to "guarantee the peaceful posses- sion of the property... free and unencumbered except for the rights relating to providers of municipal services," calling upon him to make good this guarantee and protect it from "every abu- sive incursion upon its property." Failure to do so, MIDI said, it would hold the Commissioner responsible for all damages that may be caused. MIDI is also planning to hold an open weekend within a few weeks, allowing the public to view restoration works carried out at Manoel Island. "MIDI regrets the attempt made to make it appear to have acted abusively, and hence is contesting through the counter- protest," MIDI CEO Luke Cop- pini said. "However it would like to show its goodwill in acceding to the requests made to access the fore- shore over its property. It hopes this will bring this sad saga to a satisfactory close." MIDI has engaged architectur- al firm Foster & Partners to draft a master plan, which should be completed by the end of the year. "The master plan will include all the public access stipulated in the emphyteusis as well as a pub- lic park." MIDI to open Manoel Island foreshore Mizzi expected for Panama committee CONTINUED FROM PAGE 1 Konrad Mizzi has been adamant not to be brought into a debate as to whether he feels he should give MEPs an explanation of his fi- nancial affairs and why he chose to open an offshore company in Panama and a New Zealand trust. "I have not received any correspondence from the com- mittee, and I will reply to that correspondence when it ar- rives," Mizzi said two weeks ago, his stand unchanged in a week where MEPs from the European socialist party decided not to support Leo Brincat's nomina- tion to become a member of the European Court of Auditors. Government sources have pre- viously said it was likely that Mizzi would not attend a hear- ing before the Panama commit- tee. EU member states have in fact been advised by the Coun- cil of Ministers' legal service that MEPs could not assume upon themselves the power of the European Commission to ask member states on how they have enforce taxation rules, un- less they had clear allegations of contraventions or proof of mal- administration. One of the MEPs on the new Panama Papers committee in the European Parliament said the committee would be gear- ing up for an inquiry into the creation of letterbox companies in Malta and how they are used by European businesses to mini- mise tax payments back home. But Sven Giegold, a German MEP for the Green Party, said that "Mizzi should consider pre- paring for an invitation." Konrad Mizzi was elected La- bour deputy leader for party affairs the day after he admit- ted to opening a New Zealand trust, but what was unknown at the time was that he had al- so opened an offshore Panama company. After the ICIJ released its documentation to its Maltese media partners, just weeks later Mizzi resigned from his Labour deputy role. Prime Minister Joseph Muscat also removed his energy port- folio, to make Mizzi a 'minister without portfolio', but the min- ister still handles energy mat- ters – making him a de facto energy minister. Keith Schembri was retained as Muscat's chief of staff. The European Parliament's Panama Committee of Inquiry met yesterday in Brussels where MEPs heard a presentation from the investigative journalists who form of part of the International Consortium for Investigative Journalism. Members of the International Consortium for Investigative Journalism discussed their work on the files. The journalists dis- cussing their work with MEPs included Frederik Obermaier, from the Süddeutsche Zeitung in Germany; and Kristof Clerix from Belgium's Knack magazine. The release of the so-called Panama papers in April reig- nited the debate on tax evasion. The 11.5 million leaked docu- ments from Panama law firm Mossack Fonseca provide de- tailed information on more than 214,000 offshore companies used by politicians, business leaders, criminals and public figures to hide their wealth from public scrutiny. The documents were first leaked to German journalist Bastian Obermayer, from the Süddeutsche Zeitung, but be- cause of the vast number of files involved the newspaper asked the International Consortium for Investigative Journalism (ICIJ) to help process the data. The first articles were published on 3 April, 2016. The Head of the PN Delegation in the European Parliament, David Casa, MEP, who is a full member of the committee and present for the exchanges stated: "Today we heard from the jour- nalists themselves about the way in which they conducted their work and the relevance of the information that was released. "This was followed by a dis- cussion of Committee members concerning how we would like to focus our work. It is clear that the Committee will address two main issues – that regarding taxation – but also and in my view more crucially the issue of corruption and money launder- ing." MEP Roberta Metsola, who is also a full member of the com- mittee said: "We saw today that the Committee would look at how to improve the protec- tion of whistleblowers and will emerge with proposals how to facilitate transparency and fight tax evasion and corruption. "Over the next year, the Com- mittee will continue to meet to discuss how the EU can move forward on this issue. It is clear that this scandal will not go away and I hope that Member States and any witnesses who may be called cooperate fully with the Committee's line of inquiry." The committee has a one-year mandate which expires on 8 June 2017. The mandate can be pro- longed twice by three months. Werner Langen