Decision rejecting request for 'confidential' Comino studies to be reviewed

A court has ruled that a decision upholding ERA’s refusal to disclose a Comino carrying-capacity study and related documents must be reconsidered, following an appeal by lawyer and activist Claire Bonello.

Judge Mark Simiana ordered the Environment and Planning Review Tribunal (EPRT) to re-assess its decision to uphold the Environment and Resources Authority’s (ERA) decision to refuse Bonello access to the study and other documents. 

The authority refused the freedom of access to environmental information request on the basis that the study had been prepared for a cabinet committee and therefore fell under cabinet confidentiality rules. The EPRT accepted this view and turned down Bonello’s appeal.

While the court found that the study itself had been prepared for a cabinet committee, various other documents requested by Bonello had been turned down on the basis of cabinet confidentiality without being property assessed by the tribunal.

Furthermore, the court said that under EU environmental directives, public authorities must weigh the public interest in disclosing documents against the interest in keeping information confidentiality on a case-by-case basis.

Judge Simiana found that the EPRT had failed to carry out that balancing exercise, making the refusal legally defective.

As a result, Bonello’s appeal was upheld, the EPRT’s decision was quashed, and the case was sent back to the tribunal for reconsideration.

Blue Lagoon visitor numbers capped

Last year, a new visitor online booking system was introduced to protect the environment of Comino’s Blue Lagoon, capping visitors to 4,000 at any one time.

In 2024, up to 12,000 visitors were recorded at the Blue Lagoon at any one time, especially during peak hours.

The capping was introduced by the government in a bid to “clean up Comino”.

Tourism Minister Ian Borg said at the time that the plan was to halve the number of visitors to Comino in the peak summer months.

Activists have demanded that the carrying-capacity study for all of Comino be published, as the capping system only applied to the Blue Lagoon.

This, they say, is simply pushing tourist operators to increase their presence in other parts of the island at the detriment of the environment and of locals’ Comino experience. 

On Monday, a court also ordered the EPRT to reconsider its decision confirming a permit for a hotel, 16 villas and 44 swimming pools on Comino. 

The permit, granted by the Planning Authority, has been challenged for years by Moviment Graffitti and several environmental NGOs.