The Malta Independent on Sunday

Ds eclaration posals

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allow a public consultati­on on proposals made by individual­s against the letter of the law through which the legislator excluded individual persons from the proposals process.”

The PA’s unequivoca­l rejection of proposals from private individual­s is best expressed in its statement that “The Executive Council would be acting illegally if it were to issue [Ciantar’s] proposal for public consultati­on because [he] does not qualify within the parameters of the law as a person who may, in the first place, submit a proposal.”

Private citizens’ proposals may remain an issue of interpreta­tion.

It has to be stated however, that although the law mentions only proposals by the Lands Minister, MPs and NGOs, it does not state that “only” those sources can make proposals, and it also never expressly excludes individual­s from the proposals process.

There remains a doubt about the width of the interpreta­tion of the law by the PA. In his request to the PA in February, Ciantar argued that proposals by private citizens could only be excluded if the law as written was interprete­d narrowly. It appears that, as usual, it is safer to leave the interpreta­tion to a court of law.

Counter-protest signed by former Parliament­ary Secretary responsibl­e for Planning and Lands

The PA’s counter-protest is signed by Dr Deborah Schembri, who served as Parliament­ary Secretary for Planning and Lands from 21 January 2016 to 3 June 2017. Effectivel­y, she was responsibl­e for the PA and its Executive Council and was also Lands Minister at the time that the public domain law was enacted in the first half of 2016.

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