Update 4 | Govt votes against having three NGO nominees on environment board

The government is against having three members sitting on the Environment Authority board nominated by environmental NGOs.

Parliament is still discussing amendments to the Environment Protection Act, which will lead to the setting up of an environment authority, separate from the planning authority.

The opposition has insisted that, out of 10 board members, at least three should be nominated by the green NGOs. The government is however adamant that only such seat on the board should be allocated.

Ahead of the vote, independent MP Marlene Farrugia urged her former colleagues “to do the right thing”.

“The Labour Party has the chance to save face with the electorate and honour electoral pledges made for more transparency. You have the chance to neutralise the damage already done. Giving one seat is not enough. We need three,” Farrugia pleaded.

The opposition’s amendment proposes that at least three members are directly nominated by eNGOs after consulting and agreeing between themselves who to nominate. These persons would be nominated within one month. If the NGOs fail to meet the deadline, the minister shall proceed to appoint the members himself.

The amendment was voted down with 34 votes against and 25 in favour. Independent MP Marlene Farrugia supported the opposition's amendment.

Earlier, environment minister Leo Brincat agreed to an amendment pushed forward by shadow minister Marthese Portelli on the eligibility of environment NGOs as consultants and advisors to the Environment Authority.

Both Brincat and Portelli agreed that the Environment Authority should make use of the expertise of environment NGOs, when this is available.

Although there is nothing in the law that stops the environment authority from actually seeking the advise of eNGOs, listing them as a possible option in the law safeguards their eligibility.

The amendment as presented by Portelli reads: ‘for the purpose of this clause, all eNGOs shall automatically be deemed as consultants and advisors that can assist the authority in the fulfilment of its work’.

The environment minister took the opportunity to reiterate that he was never against the principle of NGOs’ representation on the environment board, but the disagreement had been on the number.

One of the reasons why MP Marlene Farrugia resigned the Labour parliamentary group, eNGOs will now be able to nominate their representatives to the board as opposed to the government handpicking an NGO.

The government will now present an amendment “to make it more clear” that eNGOs will have the right to nominate their own representative.

Brincat said he was “regularising” what he had long been saying. Clause 6, 2b1 has been amended to include "nominated by the said voluntary organisation".

“We are not changing our position and the amendment is to reflect our position. I know what I said [on Tuesday] and we are not doing a U-turn. We are consistent with our position. The amendment is to have, black on white, a safeguard that the NGOs can nominate their representative,” Brincat said, adding that this safeguard was never part of past legislation.

Independent MP Marlene Farrugia said the government should give further voice to civil society. She insisted, that the government – until today – had never reassured that the NGOs would be able to nominate their own representative.

Family Minister Michael Farrugia, who was previously parliamentary secretary for planning, insisted NGOs were told that they would be nominating their own representative ever since consultations kicked off in 2013 and 2014.