Permanent board to rule on concession complaints

A permanent board has been set up to rule on complaints against concessions granted by ministries to private companies. 

Complaints on concession contracts had previously been dealt with by ad hoc boards.

However, a recently-published legal notice grants the new board the power to review adjudication processes that culminate in the awarding of a concession contract. 

If it rules that the adjudication board’s decision was not in line with the law or with the documentation governing the procurement procedure, then it will have the power to declare the entire procurement procedure null and void.

The board will be chaired by lawyer Philip Magri, with Stephen Young and former transport minister Jesmond Mugliett making up the numbers. All three were appointed directly by the Prime Minister for a three-year period that cannot be renewed. 

They will have to declare any possible personal interest they have in a case under review, in which case they will be forbidden from participating in the hearing of that case, allowing the Prime Minister to appoint a substitute board member. 

The Prime Minister will also be able to sack the board members on the grounds of “proven inability” to perform the office’s functions.

Aggrieved parties will only be allowed to file a complaint to the board within 10 days of the ministry’s announcement of a concession deal. Complaints must be accompanied by a deposit of between €1,200 and €58,000. 

Government bodies will therefore have to wait 10 days after an announcement before actually awarding the concession contract to a private company. If a complaint is submitted during this 10-day period, then the government body must wait until the board reaches a decision. 

If the government body concludes the contract before the 10-day period or before the board gives its final decision, then the board will have the power to nullify the contract. 

Parties will be able to challenge the board in the Court of Appeal on a point of law within 10 days of the board’s final decision.