Government and Opposition had agreed on new Planning Ombudsman

The government and opposition had agreed on a “suitable candidate” to be appointed in the new role of Planning and Environment Commissioner, a role which replaces that of MEPA Auditor that is currently occupied by Joe Falzon. 

But the person offered the new post declined to accept, an official government spokesperson told MaltaToday. 

“Despite intensive efforts to agree on a suitable candidate, discussions with the Opposition were not conclusive. At one point there was agreement regarding a suitable candidate but when approached, this person declined,” a spokesperson for the Office of the Prime Minister told MaltaToday.

The law stipulates a specific time period in which Government and the Opposition must agree on a candidate to be appointed Planning and Environment Commissioner in the Office of the Ombudsman.

According to the law unanimously agreed in Parliament, it is now the Ombudsman who must decide on a person to take up this role.

One option, which appears to have been discarded by government, was the appointment of present MEPA Auditor Joe Falzon, a widely respected figure in civil society. It is not clear whether the opposition had formally proposed Falzon for the new post during negotiations with government.

Asked by MaltaToday whether the government had objected to the appointment of Falzon in the new post, the government spokesperson insisted that Joe Falzon was fully aware that his appointment as MEPA auditor was being extended until such time as when the provisions of the amendments to the Ombudsman Law are brought into effect.

In fact, letters extending architect Falzon’s term of office stated this in clear terms.

The government spokesperson also pointed out amendments which create the post of a Planning and Environment Commissioner within the office of the Ombudsman were passed through Parliament with unanimous approval.  

Falzon was appointed to serve as MEPA auditor by Minister George Pullicino for a three-year term in 2004. The same government also extended the appointment of Falzon for a further three years in 2007. After the 2008 election the government had reappointed Falzon for additional shorter periods until such time as the amendments to the Ombudsman Act came into effect.

“To claim that government 'removed' Architect Falzon from his position as MEPA auditor is therefore an unfounded, unfair and most inappropriate claim,” the government spokesperson told MaltaToday.

He also pointed out that on various occasions the government publicly stated its appreciation for the role carried out by Architect Joe Falzon as MEPA auditor. “The fact that he was constantly reappointed in his post is testimony to that.”

The post of auditor within MEPA has been abolished, and a new position, that of Commissioner for the Environment and Planning was created within the Office of the Ombudsman, with the unanimous consent of Parliament in 2010. The appointment will be made today.

The scope of the changes to the law was to strengthen the scrutiny on planning and environment. While the MEPA auditor was appointed directly by government, the Planning and Environment Commissioner is agreed to jointly by the Prime Minister and the Leader of the Opposition, failing which he is appointed by the Ombudsman. Moreover while the MEPA auditor was a MEPA employee the Planning and Environment Commissioner is an official within the Office of the Ombudsman that is answerable to Parliament and not to Government or MEPA.

But despite being directly appointed by government and paid by MEPA, Falzon showed remarkable independence in subjecting MEPA and government to scrutiny.

The government spokesperson insisted: “Laws refer to posts and positions, and not to individuals, irrespective of how competent such individual may be,” but experience in the field showed that names also make a big difference.