Energy minister says PN ‘opposes’ cheaper energy bills as Opposition's motion is defeated

The Opposition is still opposing cheaper energy tariffs and was only interested in deceiving the people, the energy minister Konrad Mizzi said as the Opposition's motion to amend the legal notice on the appeals board for the Delimara gas power plant project was defeated. 

Mizzi was reacting to the Nationalist Party's motion to amend the legal notice published by the government last month on the setting up of a special appeals board to preside over cases related to the proposed gas power plant in Delimara.

Speaking in Parliament, Opposition MP George Pullicino explained that the new independent board granted more powers to the board than the existing public procurement appeals board, to the extent of annulling the whole process and choose who to award the contract to.

The motion presented by Pullicino and his fellow Opposition MP Tonio Fenech proposes that the new independent board should be disbanded and any appeals should be referred to the already-established, Public Contracts Review Board (PCRB).

"The Opposition's motion is totally unfounded and leads to one conclusion, that it still opposes cheaper energy bills which would benefit our families and businesses," the energy minister said in his reaction to the Opposition's motion.

He reassured the Opposition that the energy and fuels procurement appeals board is composed in the same manner as the PCRB.

"This means that in both cases, the members composing the respective boards are appointed in the same manner, that is by the Prime Minister and for a period of 3 years," Mizzi said.

He added that the three members of the energy and fuels procurement appeals board are completely autonomous from the procurement process and from state utility Enemalta.

Moreover, the legal notice that established the new board also requires that the chairperson of the board satisfies all the criteria required for the appointment of a magistrate in terms of the Constitution, the energy minister noted.

Mizzi dispelled the Opposition's claims that the new appeals board was granted wider powers than the PCRB, adding that it does not have the authority to choose the bidder.

The new board would also offer a right of redress from the decision taken and will have the power to determine whether the decisions taken by the evaluation committee were regular and legal, Mizzi said.

"This board cannot substitute the evaluation committee," Mizzi pointed out.

He said the energy and fuels procurement appeals board "will not only determine whether the decision was taken according to law but it will also delve into the merits of the case."

"If the complainant's appeal is upheld than the company will be reinstated in the competitive process."

Insisting that the new appeals board is not regulated by the public procurement directive, Mizzi argued that the PCRB has no jurisdiction to hear appeals related to the acquisition of energy and fuels.

Reminding that the Opposition MP Tonio Fenech had previously said that he was pleased with the decision taken by the government to establish this board of appeals, Mizzi accused the Nationalist Party that it's motion was intended to mislead the public.

"All these facts show that the motion presented by the Opposition to emend legal notice 155 of 2013 is unfounded and intended only to deceive and mislead. This can lead to only one conclusion - that the Opposition does not want families and businesses to benefit from cheaper utility rates," Mizzi said.

In the debate's introduction, Opposition MP George Pullicino explained that the proposed independent board would only offer a company appealing the adjudication reimbursement for the costs incurred in the expression of interest process.

This could possibly lead to a situation where an appeal is upheld and the bidder would be reimbursed his costs, but the outcome of the tender process remains unchanged, he said.

"We are not proposing these changes to hinder the government," Pullicino said, adding that the government should not move the goal posts in the process to go ahead with its plans to have a new power plant in Delimara.

"For the sake of transparency we demand that the government uses the same measures for all projects," Pullicino said. 

In the concluding remarks former finance minister Tonio Fenech said the Opposition would not oppose the government's plans as long as these guarantee good governance and transparency.

Describing Mizzi's reaction as "paranoid," Fenech said that the Opposition was seriously concerned with the legal notice which established the new appeals board.

"If the government is ready to amend the legal notice than we are ready to withdraw the motion however if the government wants to go ahead with the current legal notice we will go ahead and vote on it."

Insisting that the PN was ready to cooperate with the government to make sure that the Delimara gas power plant is completed in time and in respect of all regulations, Fenech said "we must ensure that the project is constructed seriously because the plan will tie down the country for at least 18 years."