The Malta Environment and Planning Authority (MEPA) notes that the Ombudsman reiterated his advice to the Audit Officer to suspend investigations and publications of his findings when planning cases are sub judice. A case in point is the Qala Development case.

The Ombudsman pointed out that the Audit Officer should not have published the report so as not to ‘potentially prejudice the outcome before the Appeals Board but also by the basic principle that every administrative body has the duty to respect judicial authorities and quasi judicial authorities, to avoid exerting undue influence to ensure that the final binding decision is taken serenely, fairly, free from external pressures and strictly according to laws and regulations.’

MEPA notes also the Ombudsman’s comments that currently there is no institutional relationship between his Office and that of MEPA’s Audit Officer.

Commenting on the statement issued today by the Church’s environment commission (KA), while MEPA respects the commission’s opinion on this case, it reiterates that the Auditor chose to ignore or omit a number of issues in his final report even though the Authority had given detailed explanation and planning reasons as to why the permit was issued at the reconsideration stage.

Namely that at reconsideration stage the drawings were amended and the ones approved showed that the development was to be all within the category 1 settlement zone, that Policy (GZ-RLST-1) was correctly interpreted by the DCC and that the proposed three storey development was in accordance with the ridge edge policy that governs such developments.

The Authority also questioned how the Auditor queried the validity of the photomontages presented by the applicant while seemed to favour those handed in by the objectors which were totally misleading and not based on the actual plans.

MEPA welcomes the measure adopted in the MEPA Reform document and agrees with the Parliamentary Ombudsman’s recommendation that the function of the Audit Office should be migrated to the Ombudsman’s Office and have a mandate under the Ombudsman Act. This measure will increase accountability and ensure that the rights and interests of all the different elements in society are safeguarded.

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