Updated | Azzopardi questions transfer of Valletta market hall

Jason Azzopardi says only parliamentary resolution or public call for tenders can be used for disposal of public land • Government says it will table agreement with selected applicant together with resolution in parliament in coming days

Nationalist MP and former lands minister Jason Azzopardi
Nationalist MP and former lands minister Jason Azzopardi
Parliamentary secretary for lands Michael Falzon with principal permanent secretary Mario Cutajar, presenting the Valletta marketplace project to the press.
Parliamentary secretary for lands Michael Falzon with principal permanent secretary Mario Cutajar, presenting the Valletta marketplace project to the press.

Nationalist MP and former minister for lands Jason Azzopardi has questioned the selection of a bidder who will invest €7 million in regenerating Valletta’s indoor market is-Suq, claiming the governmnet was cutting corner sin the allocation of public land.

“At the outset, one has to welcome any private investment in the efficient use of public land, more so when it is genuinely directed towards the regeneration of such a landmark site.  However, this appreciation and gratitude should not be taken as giving government and carte blanche to ride roughshod over the law.”

Azzopardi said the Disposal of Government Land Act (DGLA) specifically safeguarded taxpayers from abuse of any disposal of public land by government, unless done either by parliamentary resolution or after a public call for tenders.

In this case, bidders Arkadia Marketing were chosen following an expression of interest.

“I can state that during my time as responsible for Lands, and I know that this is the advice that all my living predecessors were always given by the Commissioners of Lands and the Attorney General, it was always stated to me quite categorically that no Request for Proposals (RFP) and no Expression of Interest (EOI) satisfied the requirements of the DGLA. Thus, whilst RFPs and EOIs were issued along the years, the disposal of the land always took place by a subsequent public call for tenders,” Azzopardi said.

In a reaction, the government said that negotiations with the chosen company had to be concluded before taking the matter to parliament for a resolution on the transfer of land. “This is necessary so as to include the agreement with the company together with the resolution,” a spokesperson for principal permanent secretary Mario Cutajar said, adding that the resolution will be presented in a few days’ time in parliament.

20 consortia replied to an expression of interest for the Valletta market hall, with Arkadia Marketing – owners of the Arkadia supermarket in St Julian’s – being chosen after a request for proposals was issued following the EOI.

Azzopardi said he was not privy to the all the details surrounding the historic Valletta indoor market, but the news that the allocation was not made by neither a public call for tenders raised several questions.

“Definitely, it would be most interesting to know if the Attorney General’s advice was sought before granting public land through an RFP. If such advice was sought and was in the affirmative, then I would be very curious to know on what basis and why is this advice diametrically opposed to the one myself and all my predecessors were given in that no public land can be disposed of except after a public call for tender,” Azzopardi, shadow justice minister, said.

“It would not be amiss to point out that the DGLA is the only law giving the Attorney General the right to demand in Court, on his initiative, the nullity of any disposal of public land made in contravention of the requirements of the law. This is another reason why both myself and my predecessors have always followed to the letter the advice given to us by the Attorney General. As in many other istances in life, in the disposal of our most precious resource, land, the way to hell is paved with good intentions.”

Reaction to Cutajar comments

In a reaction to Cutajar’s comments, Azzopardi said the civil service head’s “extremely partisan” comment was objectionable. “His latest press release (issued at 16:32hrs) is only now making reference to an eventual parliament resolution after the present negotiations are concluded, facts which he did not mention in his first press release on the subject issued today at 15:50hrs when it is obvious he should have mentioned them; it is very evident that the parliamentary resolution is simply an afterthought by Mr Cutajar who did not mention these facts at the outset.”

Azzopardi also said it was strange to have the Valletta market hall regeneration announced by the head of the civil service, rather than the parliamentary secretary for lands, who is politically responsible for the Lands Department.

Azzopardi said it was “definitely a sad reflection on the total incapacity of the Head of the Public Service to rise above partisan politics since he is supposed to be apolitical and above any perception of party loyalty.

“The Opposition can never approve the abject misuse of the Department of Information for partisan ends, more so by someone who is supposed to prevent it. Truly a Principal Permanenct Secretary who is unfit for purpose.”