Riforma fil-Kunsilli Lokali - Michael Briguglio

Il-Mument 10 ta' Dicembru 2017

Il-Kunsilli Lokali f’Malta ser jaghlqu 25 sena. Dawn qeghdin jaqdu l-htigijiet tal-lokalitajiet rispettivi taghhom?

Aspett ewlieni f’dan ir-rigward huwa l-finanzi. Il-Kunsilli Lokali ghandhom ghazliet limitati dwar kif jistghu jiggeneraw id-dhul. Id-dhul ewlieni jigi mill-Gvern centrali. Hemm ukoll possibilita’ ta’ dhul minn fondi ta’ l-Unjoni Ewropea, minn skemi specifici tal-Gvern u minn reklamar u certi permessi.

Politika ta’ riforma fil-kunsilli ghandha temfasizza li persentagg tad-dhul Governattiv mill-VAT, turizmu u oqsma ohra jigi maqsum mal-kunsilli.

Izda huwa car li hemm bzonn li l-Kunsilli jkollhom iktar opportunitajiet biex jiggeneraw id-dhul. Dan huwa necessarju biex jigi ffinanzjat xoghol bhal dak infrastrutturali u gbir ta’ l-iskart, kif ukoll inizjattivi bhal dawk  edukazzjonali, socjali u kulturali. Dawn ta’ l-ahhar huma importanti sabiex ikun hemm iktar sigurta’, integrazzjoni socjali u sens ta’ komunita’.

Idealment, l-agenda lokali ta’ Malta temfasizzja id-dicentralizazzjoni sabiex l-ebda gvern ma jkollu poter eccessiv. Permezz tas-sussidjarjeta’, decizzjonijiet li jistghu jittiehdu mill-kunsilli lokali m’ghandhom jittiehdu minn xi Ministru.

Din il-filosofija tista’ twassal sabiex il-kunsilli ikunu iktar sostenibbli. Per ezempju, art tal-gvern tista’ tigi devoluta lill-kunsilli. Parkeggi, bini pubbliku u siti storici jistghu jigu mmanigjati mill-kunsilli, u d-dhul iggenerat jista’ jintuza ghal htigijiet lokali. Biex naghti ezempju prattiku: il-car park pubbliku tax-Xatt ta’ Tas-Sliema huwa ikrah ferm u biex wiehed jipparkja jigi ‘mitlub’ ihallas. Mhux ahjar kieku dawn il-flus imorru ghand il-kunsill sabiex il-car park jigi msebbah u flus ohra jintuzaw ghall-bankini u htigijiet ohra?

Riforma fil-Kunsilli Lokali ghandha tizgura ukoll li l-Kunsilli ikollhom rwol ewlieni fit-tehid tad-decizzjoni ta’ l-Awtorita’ ta’ l-Ippjanar. Decizzjonijiet li jistghu jittiehdu mill-Kunsilli, bhal dawk ta’ enforzar dwar kostruzzjoni u ta’ street markings, ghandhom jittiehdu mill-Kunsilli, u mhux minn entitajiet centralizzati.

Importanti ukoll li skemi lokali bhal dawk ta’ parkegg ghar-residenti ma jkunux diskriminatorji. Ma jistax ikun li pajjzina jibqa karatterizzat minn lokalitajiet b’dawn l-iskemi u ohrajn minghajrom.

Qasam iehor ta’ importanza huwa dak tas-Social Impact Assessment. Jehtieg li l-Kunslli ikollhom fondi u access ghal servizzi professjonali bhal dawk ta’ socjologi, ekonomisti u esperti kulturali sabiex ikun hemm taghrif car dwar demografija, realtajiet socjali, komunitajiet u aspirazzjonijiet tar-residenti. Dan kollu jghin sabiex decizzjonijiet jittiehdu fuq bazi ta’ evidenza.

Il-Kunsilli ghandhom iservu ukoll ta’ centri ta’ servizzi u informazzjoni bhal tfittix ta’ impjieg, kura u pariri professjonali. U l-istess Kunslli ghandhom ikunu mharrga kif jahdmu ahjar ma’ l-istampa u s-socjeta’ civili.

Sfortunatament jidher li l-Gvern Laburista miexi lejn direzzjoni ohra. Iktar ma jghaddi zmien, iktar qed jahtaf poter taht idejh, b’iktar poter f’idejn il-Ministri.

Ezempju ta’ dan huwa l-enfurzar. Filwaqt li l-Kunsilli ta’ kuljum jaffacjaw abbuzi f’oqsma bhall-kostruzzjoni, skart, parkegg abbuziv u storbju, l-istess kunsilli qed jispiccaw jittalbu mal-Gvern biex ikun hemm enforzar.  Dan mhux sew.

Ezempju iehor hu l-kisi ta’ toroq. Hemm min qed jghid li l-programm ta’ seba’ snin tal-Gvern ser jikkonsiti minn kisi ta’ ftit pulzieri fit-toroq madwar Malta u Ghawdex. Jekk dan huwa l-kas, mhux ahjar kieku dan ix-xoghol isir mill-Kunsilli u jsir b’mod olistiku?

Iktar ma jkun hemm poter f’idejn il-Ministri, iktar ikun hemm tentazzjoni ghall-koruzzjoni . Tista’ tinqatel is-sens ta’ inizjattiva fil-kunsilli lokali.

Minn naha l-ohra, id-dicentralizzazjoni tista’ twassal ghal Kunsilli iktar incentivati biex ikunu kreattivi u innovattivi. Dan jista’ jinkoragixxi iktar sens civiku u iktar sens ta’ komunita’. B’hekk ikollna Kunsilli Lokali attivi u b’ruh socjali, u mhux Kunsilli Lokali tallaba tal-Ministri.

Sliema developers finding 'easy way out' of parking obligations

The Sliema Local Council held a meeting with the Planning Authority to discuss current matters reflecting the locality, including construction management, parking problems, tables and chairs on public land, and the need for a master plan.

Times of Malta report, including interview with Mayor Anthony Chircop can be read here. 

Free-For-All in Balluta with the blessing of Authorities

Sliema and St Julians Local Councils are supporting the objections of Din l-Art Ħelwa, Sliema Heritage Society, Flimkien ghall-Ambjent Ahjar, Kamra tal-Periti and residents, who have appealed for Villa St Ignatius, one of Balluta’s oldest landmarks to be scheduled and protected.

But there is a free for all in Ballutta: Building Regulations Office and Planning Authority have been alerted. Construction workers play hide-and-seek with enforcement officials. As fequently happens with such works, they commence in the weekends or after office hours. Works go on without any health and safety measures. Yet another example of the malaise we are experiencing. Residents' anger is justified.

Links refer:

https://www.timesofmalta.com/articles/view/20171204/local/workers-back-at-villa-st-ignatius-inn-balluta.664852

https://www.timesofmalta.com/articles/view/20171202/local/watch-workmen-hack-at-balluta-landmark-with-impunity.664671

http://www.independent.com.mt/articles/2017-12-03/local-news/Demolition-of-historic-Balluta-landmark-begins-despite-protection-plea-from-DLH-residents-6736182206

https://www.timesofmalta.com/articles/view/20171129/local/protect-ballutas-villa-st-ignatius-says-ngo.664370

Construction irregularities emergency number

Construction enforcement and irregularities: 

Phone BRO at 22907720 or 99637508 or 22927508.
Phone Government Enforcement Team during weekends and irregular hours: 99269926

For queries related to:
- the Energy Performance Certificate (EPC), kindly call 2292 7343 between 9 am - 2 pm (Winter hours) and 9 am and noon (Summer hours)
- Bank Guarantee and Insurance, kindly call 2292 7720
- Construction Site Management (Enforcement Officers), kindly call 2292 7508.

- How to keep track of development applications: Click here - 

Website: www.bro.gov.mt

Facebook Page: https://www.facebook.com/The-Building-Regulation-Office-Malta-1648499748753605/

Law enforcement: Sliema Local Council Public Meeting

Click on image for larger version

The crash of bricks

Photo by Jonathan Borg

Times of Malta 25 September 2017

Last week a roof in Sliema crashed under the weight of bricks that were being transported to an adjacent building under construction. Luckily, a woman inside the room escaped with no injuries.

As is usually the case in such incidents, police are investigating and a magisterial inquiry is under way. Should such procedures suffice? I really don’t think so.

Indeed, some questions come to mind. How many health and safety inspections are carried out by officers from the Occupational Health and Safety Authority on such matters? Is it fair that companies with health and safety requirements face competition by companies that do not invest in protective clothing, safety pro-cedures and the like? Why is it that local councils have no legal authority as re-gards enforcement?

Following the incident in Sliema, a representative of the Chamber of Engineers publicly informed me that they are aware of certain issues regarding new legislation on the safe use of work equipment and that their council was following this up closely. The president of the Local Councils Association, Mario Fava, also publicly informed me that the association was looking into this matter.

One possible way forward in this regard would be to introduce safety wardens. They could work in the same way as traffic wardens, even though I believe that it would be better to have them under direct local council control rather than under the authority of a national government agency. Subsidiarity – the granting of authority at a level closest to citizens – is usually preferable to State centralisation, which is often subject to layers of bureaucracy.

But I would also suggest that one also looks at the bigger picture.  Malta is currently experiencing a construction boom, and it is important to understand its implications.

The most obvious implication relates to the hefty increase in urban, rural and ODZ development permits.

Development optimists would argue that the new scenario may encourage competition among contractors, who may raise standards to their clients’ needs. But it may also be the case that competition can lead to cutthroat practices, often involving foreign workers with inferior work conditions and lax health and safety procedures.

Collaboration between government authorities, local councils, developers’ representatives and experts is imperative to ensure that residents, pedestrians and workers are protected from building abuse and irregularities.

Some may also question whether Malta is too dependent on this economic model, whether the construction industry should be so politically influential and whether we are creating an artificial property bubble. I for one buy such questions, though I would add that the problem is more complex than we usually make it out to be.

One reason for this is that many citizens are directly or indirectly investing in property. Some may be renting property to others, others may be developing, and others may be involved in financial investments which in turn invest in property.

Indeed, many owners of financial assets are finding that it makes more sense to buy property and rent it out, given the poor return on savings and the risk of buying bonds or shares.

For the moment this is proving to be a good investment, as the demand for rented property is high due to the increase in the size of the population, mostly as a result of the large number of foreigners.

However, excessive dependency on foreigner tenants may be risky, especially if numbers slow down. If an increase in property supply exceeds demand, this may encourage speculative behaviour by home buyers and property investors fuelled by unrealistic home price estimates. Given that many developers and contractors are indebted to banks, there could be dire consequences if a bubble occurs and debts cannot be settled.

Thus it would be advisable to ensure proper governance both of construction as it takes place, but also of the property development industry in general. Given that many Maltese people are directly or indirectly involved in this sector, it is ever more important to ensure that the country’s economic model is diversified rather than being over-dependent on one sector. This is yet another area which requires evidence-based policymaking, sustainable governance and proper enforcement.

Localise not centralise

Times of Malta 10 July 2017

Are local councils equipped to meet the needs of their respective localities? Do they have enough funds and authority to govern? I believe these are key questions which need thorough debate, especially when local councils are so close to citizens’ everyday needs.

Government funding of local councils has increased in the past years. Indeed, in 2017, Malta’s 68 local councils received a total of €35.5 million from government, an increase of €3.5 million from 2015. High earners include St Paul’s Bay (€1,684,906), Birkirkara (€1,283,056), Mosta (€1,185,524) and Sliema (€1,110,593).

The government will also engage in a road-building programme in the next seven years. It recently announced that it would take over this responsibility from local councils, which are finding it increasingly difficult to cope with hefty demands in this sector.

One expects that in the near future government elaborates on its intentions and consults accordingly. For example, will the road building programme covered by the government include pavements? Will the  government’s plans affect local council funding? Will local councils be responsible just for patching of roads, or would councils still be expected to budget for full-road asphalting? And who will decide on which roads will be prioritised?

Going back to the original question of this article, let us keep in mind that local councils have very limited options for the generation of other revenue. Sure, local councils may apply for EU funds and for discretionary government schemes. They may also generate some revenue through permit fees, adverts and the like.

But it is more than evident that something has to be done to ensure that local councils may adequately cover their growing demands and needs. These include not only infrastructure and waste management, but also educational, cultural and social initiatives which are very important for social cohesion, integration and community building.

Ideally, Malta’s local agenda should emphasise decentralisation to ensure that no government, entity or sector has excessive power. This should be accompanied by subsidiarity, where decisions are taken at the lowest level possible, meaning that decisions which can easily be taken by local councils needn’t be taken by ministers or authorities.

In addition, more state-owned land should be devolved to local councils. This may include public car parks, public buildings and heritage sites. Local councils can then manage such areas in the best interest of the locality, possibly generating funds in the process. Such funds can then be used to help finance local programmes and initiatives.

Unfortunately, Malta’s government is progressively moving towards the other direction. Apart from discretionary schemes referred to earlier in this article, we are witnessing increased centralisation of power.

One key example of this is enforcement. Local councils are frequently at the receiving end of complaints related to illegal street vendors, abusive parking, careless construction practices, noise pollution, illegal littering and so forth. Given that wardens are now under central government control, there is not much that local councils can do to ensure that enforcement takes place. The same applies with regard to other enforcing agencies such as the police, the Building Regulations Office and the Planning Authority.

Centralisation of power gives excessive strength to ministers, who in turn are omnipresent at macro and micro levels in Maltese society. Thus, a local council may require enforcement against abusive practices which affect residents’ quality of life, but this may be prohibited from taking place due to partisan political reasons and patronage.

The centralisation of powers makes citizens and local councils increasingly dependent on ministers, and this can erode the dynamics of local governance. It can also result in increased apathy and lack of initiative.

On the other hand, decentralisation, subsidiarity and devolution can incentivise both local councils and citizens to be more creative and innovative in the governance of localities. It would also help diversify power. In a politically-charged society like Malta, this could enrich democracy, giving more value and legitimacy to local council elections and other similar appointments.

No consultation over relaxation of traffic contraventions

Measure sends message enforcement 'not taken seriously'

Read the Times of Malta article on the lack of consultation over relaxation of traffic contraventions here. 

An 'F' for local councils?

Michael Briguglio

Times of Malta 12 December 2016

‘Local councils get an ‘F’ in accounting from NAO’, read a Times of Malta headline on December 5.  Have local councils really hit the pits?

Had this statement been made by certain state authorities that are embroiled in Malta’s governance deficit, I would have ignored them. But the National Audit Office happens to be one of the most upright and credible institutions in Malta, and I know Auditor General Charles Deguara to be a man of integrity.

Indeed, the NAO report on local councils’ performance in 2015 makes various claims which are very difficult to ignore.

For example, it transpires that the Vittoriosa, Kirkop, Mosta and Qrendi local councils accounts lacked documentation, were improperly recorded, missing key components and sometimes contained conflicting figures.  Effectively, this prohibited the NAO from analysing their performance. Surely, this is not something such local councils should be proud of.

Three other local councils – Valletta, Għaxaq and San Lawrenz, and the Gozo and northern regional committees were unable to provide audited financial statements by the original deadline.

The NAO also stated that around one-third of the 66 local councils had negative working capital and registered a deficit, which is similar to the situation in previous years.

The report also questions various expenditure line-items of different local councils.

While I have no doubt that the NAO is justified in making certain queries, I also think that the public should be made aware of pertinent characteristics and changes concerning local council finance.

For example, local councils spend quite some money on professional services for architects, accountants, lawyers, contract managers and the like, which are vital for smooth functioning. Similarly, increases in employees’ salaries are often justified by  statutory increases in the cost of living adjustment or by the engagement of new staff which, in turn is governed by public service procedures.

Councils effectively have no authority over wardens and make very little money from the system

Besides, some councils face costs which often have more to do with lack of civic pride. This includes vandalism and unruly waste disposal which tends to increase during the tourist season as well as damage to infrastructure by some contractors.

On a positive note, the NAO notes that central government has committed itself to follow up the issues raised in the report.

In the meantime, in October 2015 the wardens system was centralised under government control, with 10 per cent worth of contraventions paid at council premises being allocated to the respective councils. In my view, this is hurting councils doubly. Councils effectively have no authority over wardens and make very little money from the system.

At the same time, the total allocation for local councils has now increased to €45 million, an increase of €4 from the previous year. Yet, many councils are still underfunded when one considers their responsibilities; and various new council schemes are subject to government approval. This type of centralisation may increase councils’ accountability, but it can also result in temptations for favouritism and in too much power in the hands of ministers.

Another change concerns the national reform programme, which has national targets that are to be met by 2020. Regional committees and respective local councils are part of the plan in matters relating to economic, social and cultural policy, and plans have to be submitted by March 24, 2017.

I think that a change which is really needed to help improve council financial performance is more subsidiarity and decentralisation. In this regard, why shouldn’t councils be able to generate their own revenue on specific local needs such as non-residential parking and enforcement? A measure which can easily be carried out in this regard concerns the devolution of public car parks and other public properties.

The former remain under the remit of parkers employed by government, some of whom ask car drivers for ‘donations’ when parking. Wouldn’t it be better to have such money collected by councils and used for infrastructure, embellishment and other local needs?

Having increased local council responsibility for their revenue can help make them move away from dependency on ministerial decisions. Some councils might still mismanage their finance, but others may device novel ways of generating much needed funds to cover local needs. The public can then grade local councils and councilors in subsequent local elections.

Danger at the Strand: When will Transport Malta take action to stop this?

Michael Briguglio
- Appears in Malta Today as 'The Sliema Strand has become a cowboy's paradise'-

Yet another terrible accident at the Sliema/Gzira Strand has taken place. 

A 50-year old woman has been run over by a car and is in critical condition. Just a few weeks ago a 26-year old man died after being run over by another car on the same road. 

Such accidents have their own individual merits, and I will not go into this. 

But I want to remind everyone that Transport Malta recently decided to keep traffic lights permanently flashing on amber. The Strand is now a dangerous free-for-all devoid of responsible traffic management.

The official reason for this, and I am quoting  correspondence during this Summer between TM officials and myself as Sliema Local Councillor, was that "The pedestrian crossings along The Strand where switched to flashing amber by order of the Roads Department due to the works at Kappara junction. This was done in order to relieve traffic . At the moment we are looking into the option of activating the crossings in the evenings, to at least be able to provide a safe crossing during that time". 

As everyone knows, this was not followed up by TM. So don't hold your breath to wait till the traffic lights are turned to their normal function so as to safeguard pedestrians and cyclists' safety.

TM are also aware of the dangerous situation on the bus lane at the Strand, where cowboys frequently zigzag and accelerate into it at all times of the day so as to avoid traffic. Again, I have been raising this issue with Transport Malta and the press for quite some time, yet TM stubbornly refuses to take action. 

Like many other Sliema residents, I pass from this road every day, and I have never seen wardens or TM officials stop drivers irregularly using the bus lane. Many moons after the authorities were asked by Sliema Local Council on how many tickets were given on this matter in preceding months, we finally received a reply. The grand total number of tickets given was 12. Yes, 12. 

Anyone who frequents the strand that 12 cars abuse the bus lane every five minutes. 

TM's crass irresponsibility has rendered the Strand to a highway of permanent danger.  And let us keep in mind that the Strand is full of other irregularities: ticketing booths, tables and chairs irregularly occupying walking space. Vendors permanently usurping parking spaces. A public car park characterized by private revenue for parkers. 

In short, the Strand is a cowboy's paradise. 

Who will take political responsibility for this?

Contact for Construction Infringements

Phone 2292 7608 - BUILDING REGULATION OFFICE

for enforcement on construction infringements

Weblink: http://www.bro.gov.mt/

(Junk) Kings of the Road

The Times of Malta, 22 February 2016 http://www.timesofmalta.com/articles/view/20160222/opinion/Junk-Kings-of-the-road.603298

If we needed any reminding of the dangers of car pollution to people’s health, this has been provided by a recent scientific study that has hit the headlines in the global media.

The study forms part of the Global Burden of Disease project and its findings were presented at the annual meeting of the American Association for the Advancement of Science. It concluded that more than 5.5 million premature deaths are linked to air pollution every year.

The study argues that air quality is the leading environmental risk for human disease, and that the reduction of air pollution is “an incredibly efficient way to improve the health of a population”.

China and India account for half of these deaths, and the burning of coal is a main cause of this.

However, particulate matter is not only emitted from coal-fired power stations, but also from factories and cars. This is increasing cancers, heart diseases, strokes and lung infections.

In an earlier study, the World Health Organisation had also made similar findings. And pollution increase is also related to other global challenges such as climate change.

In this regard, it is interesting to note that statistics issued by the EU last year show that Malta had the largest increase in greenhouse gas emissions across the EU since 1990 and that the main culprit was transport.

One may say that newer forms of transport emit less particulate matter than older forms of transport, but the fact is that car usage is consistently increasing in Malta and that many old cars remain polluting our roads. And surveys in Malta are showing relatively high concern on issues related to transport, environment and air quality.

To date, next to nothing is being done to remove heavy polluters from Malta’s roads. Not everyone may be aware that such polluters may be reported through an SMS system to 5061 1899, where one simply writes the number plate of the car in question. Yet, the overall impact of this scheme leaves much to be desired.

Malta is full of heavy polluters, yet, enforcement is sub-minimal

A year ago, in an article I wrote for this newspaper I discussed the fact that in a two-year period, only 38 cars were removed from Malta’s roads by the transport authorities due to excessive pollution. One can easily count such a number of cars in this situation after five minutes in Regional Road.

In my article I had asked why was it that only 681 notifications were sent to car owners when Transport Malta received 22,182 reports of heavy polluters? I also asked whether detailed statistics be provided and what were the criteria for submission of notifications? So far, no reply has been forthcoming.

This issue was also raised in Parliament last week by MP Ryan Callus who asked Minister for Transport Joe Mizzi for updated figures in this regard. It transpired than in 2015, 13,000 SMS reports on polluting vehicles were sent in by the public, yet only 262 were called in for checking and only 32 failed to pass the test.

To me, this is bad environmental governance. It is crystal clear that Malta is full of heavy polluters, yet, enforcement is sub-minimal.

Culprits include certain vehicles used for the transport of tourists and schoolchildren, certain delivery vans, many construction trucks which are fit for scrapping, and many private cars, including some newer ones which ‘mysteriously’ emit black pollution.

To be fair, in government’s Budget for 2016, incentives were introduced to encourage the scrapping of old cars and the purchase of electric or hybrid cars. Yet such incentives, positive as they are, will never be universally significant, and can have little impact when transport authorities keep tolerating heavy polluters.

It should also be noted that Malta has one of the oldest car fleets in Europe. What is Mizzi waiting for to suggest cut-off dates for the removal of old polluting junks and to have on-the-road spot checks for excessive emissions?

The issue is made worse when one considers that Malta is still awaiting a proper, reliable and efficient public transport service, though the current service providers are being rewarded with expanding subsidies and other forms of government support.

Fragmented governance, next-to-inexistent enforcement and tokenistic measures are a far cry from what is required to protect people’s health and the environment.

Auditing Local Governance

The Times of Malta, 11 January 2016 http://www.timesofmalta.com/articles/view/20160111/opinion/Auditing-local-governance.598374

According to the National Audit Office, almost half of Malta’s local councils did not provide fiscal receipts to cover expenditure of almost €400,000 during 2014. To put things into perspective, about €39,500,000 were allocated to local councils for 2016.

The same yearly report shows that certain local councils lack updated financial records, exceed budgetary allocations under certain categories and have shortcomings in certain procurement practices.

The NAO also highlights the lack of audited financial statements of Malta’s nine regional committees.

As an independent State institution, the NAO enjoys universal respect and there is no reason to doubt its findings.

If anything, it is one of the few State institutions which, to date, have not been usurped by a government characterised by too many partisan appointments as well as a deficit in good governance.

Local Government Parliamentary Secretary Stefan Buontempo, who does not usually hit the headlines in terms of media coverage, was quick to react to the NAO’s report. He was reported by the press as stating that the situation is worrying, that he cannot accept the various shortcoming and that “from next year, we will bring the law to bear on councils’ operations”.

Buontempo also criticised executive secretaries of regional committees and local councils, adding that many were not doing their job well. Needless to say, the association of executive secretaries, Ansek, was not amused by Buontempo’s uncharacteristic drive.

Association secretary Paul Gatt acknowledged the worrying shortcomings highlighted by the NAO but added that its frequent appeals to have better governance fell on deaf ears. This includes lack of proper training for new executive secretaries, cases of mayors authorising expenditure without council approval and questionable guidance from the Department of Local Government.

Where do common citizens and residents stand in this situation?

I am sure many taxpayers would expect that their money is being spent properly and that all public expenditure should be covered by fiscal receipts. But, likewise, I am also sure that there are others who think that local councils are holy fountains with unlimited resources and which are accountable only to voters’ whims.

I suspect the tirade against executive secretaries is an excuse to take more power away from local councils

Those in the second category might not really care about the NAO’s recommendations. But the same cannot be said for people with a sense of civic pride and who expect good governance from the authorities.

Such individuals would expect proper enforcement on matters such as tables and chairs on public land, construction practices, usage of bus lanes, abusive parking, vendors abusively occupying public space and so forth.

The only problem here is that local councils have very little enforcementpowers and often rely on action by the police and wardens. And the latter have now been centralised into a government department, as far away as possible from local council control.

Those who expect good governance would also expect that all public funds are used in a proper manner and not just those of local councils. They would not justify local councils’ fiscal shortcomings of €400,000 in a year, but, likewise, they would not justify the millions of euros spent by the government on questionable activities, ranging from Cafe Premier to Australia Hall or the numerous partisan appointments in the public service. And, above all, they would always respect the NAO’s findings and not only when it suits them.

Indeed, given the government’s deficit in good governance, I suspect that Buontempo’s tirade against executive secretaries is an excuse to take more power away from local councils. The government is already weakening the real value of funds given to councils and making councils dependent on government schemes.

The government’s consultation with councils on various matters, from enforcement to planning, leaves much to be desired and some State entities hardly give importance to local council recommendations, requests and complaints.

By all means, make councils more responsible for their financial expenditure. But this should be matched with more rights for executive secretaries and more rights for councils themselves. This would mean subsidiarity and decentralisation, where local councils would have increasing fiscal autonomy.

In the prevailing circumstances, things are going in the opposite direction, with the government taking powers from local councils, centralising various aspects of policymaking and governing poorly in the process.

Al fresco dining: Sliema council wants enforcement

The system is set to do away with multiple permits from the MEPA, Transport Malta and the Lands Department, but it remains unclear which entity would clamp down on those establishments breaching the new rules.

James Debono
Malta Today 5 November 2015
http://www.maltatoday.com.mt/news/national/58936/al_fresco_dining_sliema_council_wants_enforcement#.VjskQmLTXJs‏

A new planning policy which proposes a one stop system for permits for establishments setting tables and chairs on public land fails to indicate which entity would be responsible for the enforcement of the new rules.

The system is set to do away with multiple permits from the MEPA, Transport Malta and the Lands Department, but it remains unclear which entity would clamp down on those establishments breaching the new rules.

The Sliema council – one of the councils most affected by the new rules due to the large number of establishments along its promenades – expressed disappointment that “there is no mention as to which entity will be responsible for enforcement” of the proposed regulations. 

In its submissions to the Malta Environment and Planning Authority on the policy proposed to regulate the sector, the council insisted that the success of such a policy was highly dependent on the level of enforcement in place. 

Moreover the council laments that the role of local councils in enforcement will be weakened considerably through the new planning laws in view of the removal of part of the present planning act which states that a number of minor encroachments on public property “can be removed at the request of any public authority, including the local council”. 

Neither does the policy oblige public authorities to consult with local councils when issuing permits for outside catering establishments. The Sliema council is insisting on the right of local councils to have the legal basis to request the removal of illegally positioned tables and chairs.

The new policy, if approved, will ban new kiosks from setting tables and chairs outside. But it will allow restaurants to place tables and chairs to half the width of public promenades or belvederes. The policy indicates that in these cases, tables and chairs have to be set facing the road, with pedestrians having the space facing the sea.

Even on promenades, the area reserved for pedestrians is set at a minimum of 1.5 metres – which is barely the space required for two people to walk side by side. 

The new law also regulates the setting up of tables and chairs on both sides of any pavement with a width greater than 2.7 metres. In such cases a 1.5-metre minimum corridor has to be kept as a free passageway for pedestrians.