Updated | PN warns Lands reform will see Muscat maintain 'absolute control'

The proposed conversion of the Lands Department into an authority will see Joseph Muscat maintain "absolute power" over decisions related to government lands, the Nationalist Party warned.

"We should have learned from the Cafe Premier and Gaffarena scandals, but this Bill is proof of thus Labour government's corrupt mentality," Opposition MP Ryan Callus told a press conference.

The government announced a reform of the much-maligned Lands Department earlier this year, following a damning NAO inquiry into the expropriation of half a property in Valletta from property entrepreneur Marco Gaffarena.

The law will see the Lands Commissioner replaced by a board of governors - composed of a chairperson, vice-chairperson, lawyer, architect and auditor appointed by government, a government MP, an Opposition MP, and two people nominated by the Planning and Environment Authorities.

However, Callus insisted that MPs should not directly sit on the boards of authorities, arguing that they will place political pressure on the other board-members.

"When politicians sit on boards, they tend to have a greater say than the other board members," he warned, while not ruling out that the PN could boycott its allocated seat in protest.

Moreover, Callus said that the lawyer, architect and auditor on the board shouldn't be nominated by government, but rather by the Chamber of Advocates, Chamber of Architects and Institute of Accountants respectively. 

"That will shift power from politicians onto professional bodies, which would have increased transparency," he said.

The board will also employ a chief audit officer, who will automatically scrutinize all deals involving government land that are worth over €100,000 and will have the power to delve into deals worth less than that. The authority will be obliged to keep an audit trail of its decision, and people who refuse to give data to the auditor will be subject to a €20,000 fine or a two years imprisonment term. The government will be able to remove the auditor from his post through an absolute parliamentary majority.

Parliamentary secretary for planning Deborah Schembri has argued that the auditor’s omnipresence will ensure the board’s independence. However, Callus said it is “laughable” to expect the auditor to act impartially when he will be appointed by and have to report the same board of governors.

“We agree with the concept of a chief audit officer, but he should be appointed by and respond directly to the Auditor General, who after all is trusted by the entire Parliament.’

In response, Deborah Schembri insisted that the proposed law was based on the principles of transparency, accountability and good governance, and that the Opposition was “isolated in its negativity”.

“The Opposition constantly refers to the [Café Premier and Strada Zekka] cases, that highlighted the failures of the current system. However, rather than supporting a radical change to the system, it has declared that it will vote against it.

“This means that the Opposition would rather keep the system as it is, with all its room for abuse and direct political interference.”