[WATCH] New authority will add layer of scrutiny to government land deals

New authority will add layer of scrutiny to government land deals

Parliament will tomorrow start debating a Bill that would convert the Lands Department into an authority, with fresh layers of scrutiny to deals involving government land.

Planning parliamentary secretary Deborah Schembri told a press conference that the law would prevent similar scandals - such as the Old Mint Street expropriation case - from taking place.

The government announced a reform of the 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 and vice-chairperson appointed by the Prime Minister, a government MP, an Opposition MP, two people nominated by the Planning and Environment authorities, an architect, and a lawyer.

The board will be responsible for drafting everyday planning policies, relegating the planning minister from a role where he used to give the final stamp of approval on decisions into one whose role will be limited to giving strategic direction. A CEO, employed following a public call, will be tasked with implementing the board's decisions. 

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.

"The figure of the auditor will reign supreme in this law, and his aura constantly looming in the background will ensure the board's independence," Schembri said.

Moreover, the Lands authority shall keep a publicly available online register, containing the board's rationale for accepting or refusing applications. 

People will be able to contest the authority's decisions at the Administrative Review Tribunal, excep for disputes related to expropriation, which will remain the remit of the Lands Arbitration Board. 

"We want this to be an authority that functions independently of politicians, and this bill will pave the way towards an entirely new model of functioning," Schembri said. "The previous system had failed the public and the Lands workers alike, but it will now have foolproof safeguards, more readily-available information and checks and balances, and will be frequently scrutinized.

"If this law was in place in the past, it would have prevented scandals such as the Strada Zekka and Fekruna deals from taking place. It will render government land deals transparent as never before."