Updated | MEPA stands by Bianchi appointment, Labour hits out at breach of law

The appointment of the former president of conservationist NGO Din l-Art Helwa was considered by MEPA’s ombudsman Joseph Falzon to have not been carried out in accordance with the provisions of the Employment and Training Services Act, the provisions of the Environment and Development Planning Act or the provisions of the Public Administration Act.

But MEPA, recently having undergone a major reform as part of the prime minister’s electoral plank on environment and planning issues, is standing by the appointment.

“Her position is considered to be one of special trust in line with the law, given that the chairman and the board acted in accordance with legal advice, which advice was confirmed and corroborated by the Attorney General’s own advice.”

In a parting shot aimed at the MEPA audit officer, the authority said it had “no problem in shouldering the responsibility” for Falzon’s own appointment without a public call, “given that his post within MEPA is considered also to be one of special trust.”

“When Mr Joe Falzon was appointed Audit Officer within MEPA some 6 years ago, his post was considered to be a position of special trust and no public call was made.”

Labour MP and MEPA board member Roderick Galdes hit out at MEPA's stand: "The government doesn't know how to explain its breach of the law... it is trying to compare the appointment of the environment director with that of the MEPA audit officer, how is nominated by the government after consultation with the Opposition. It's an institutional role."

While MEPA was expected to go on a major transparency drive, many of its key appointments have taken place without a public call. Its new chief executive Ian Stafrace has been handling the authority’s caseload since 2001, when the authority was embroiled in a high-profile legal feud with its chief lawyer and as a consequence, outsourced most of its legal caseload.

MEPA paid Abela, Stafrace & Associates – formerly the legal firm led by President George Abela – €1.23 million for handling its caseload, while legal chief Anthony Degateano was ordered to handle only appeals case, because he had filed a series of civil suits against MEPA's director-general for unfair disciplinary action.

MEPA claims these appointments are in line with the Employment and Training Services Act which provides that where the recruitment is of “persons required to fill posts, on the basis of a contract for a definite time requiring a special trust …” the ETC may authorise recruitment without the need for a public call.

As such it sees Bianchi’s and Stafrace’s appointments as executive ones, which can only be appointed by the authority “with the approval of the Minister” because it is a position of special trust.

Bianchi’s appointment was approved by the MEPA Board by 8 votes to one on the 4 February 2011. The Prime Minister gave his approval on the 23 February 2011 following advice by the Attorney General.