Planning authority ombudsman’s conflict flagged in complaint to Speaker, PM

An anonymous complaint sent to the Speaker of the House, the Prime Minister and Opposition leader, and the Ombudsman, has alleged that planning ombudsman David Pace has breached the terms of his office by accepting income from his profession as architect.

The complaint stems from an earlier protest by environmental NGO Flimkien ghal Ambjent Ahjar, during public submissions in 2013 on the change of use of a Valletta store to a fishmonger during which it was alleged that Pace’s name on the application “could have exercised indirect pressure on some members of the Environment Planning Commission”.

According to the complaint, which this newsroom received earlier this month, Pace’s signature appears on the method statement for the January 2013 application for the Old Theatre Street store, while he was already occupying the post of planning ombudsman.

Additionally, the anonymous complainant states, the VAT number cited by Pace is 1241-4931, which is also different from the 1241-4930 VAT number Pace holds personally as a professional architect.

Additionally, Pace is the majority shareholder of his family practice Datum Limited, which employed the same architect, Katya Agius, representing the Valletta applicant on PA 2630/12.

“I won’t identify myself, but I expect action,” the anonymous complainant said in the letter sent to the Prime Minister. “This information impacts on the observance of the Ombudsman Act which regulates Pace as commissioner for planning and the environment.”

Article 4 of the Ombudsman Act states that the office of Ombudsman shall be incompatible with the exercise of any professional, banking, commercial or trade union activity, or other activity for profit or reward.

“The Ombudsman shall not hold any position which is incompatible with the correct performance of his official duties or with his impartiality and independence or with public confidence therein. The Ombudsman shall declare to, and seek the approval of, the Speaker of the House of Representatives to any positions, trusts or memberships which the Ombudsman considers do not affect impartiality, or independence and public confidence, and which it is desired to retain during the term of office.”

The same legal article applies to all commissioners appointed under the Ombudsman, which include the planning and medical commissioners.