Editorial: No one should be above the law

The concept of public space is certainly not new, but over the past few years, it has grown rapidly into a civic issue, prompting protests both in person and on social media.

There is nothing new about public space taken up by booths selling tours and boat rides, by tables and chairs, or by food kiosks. What has changed is the sheer amount of footprint taken up, which has reached ridiculous proportions, prompting howls and fostering deep misgivings about why some people seem to get away with so much more than others.

Over the years, whenever the issue of encroachment came up – whether by beach concessions putting out their umbrellas and loungers, or restaurants and cafes taking up whole swathes of parking and pavements – there was the same whimper of protest from various authorities: it is not our remit.

A recent conference organised by the environmental NGO Flimkien Għal-Ambjent Aħjar, highlighted just how many entities are blighted by this inertia:  the Planning Authority, the Occupational Health and Safety Authority, the Environment and Resources Authority, the police, the Land Authority, Transport Malta, and the Commission for Persons with Disability. 

You have to ask: what has stopped successive governments from tackling this? It cannot be that difficult to assess the situation and find a balance between commercial interests and the rights of pedestrians and commuters.

From there, it is but a legislative stroke of the pen to introduce effective legislation, and – alas, the step that seems to deter most legislators – to enforce the law.

This issue was admittedly exacerbated by COVID rules which encouraged al fresco eating, and it resulted in outdoor eating and drinking that has certainly brought visitors to many areas.

That balance, however, hinges on a shared respect for the rights of others who use the space—a respect that is not optional, but essential to our quality of life and mental well-being.

In many places, the burden of overcrowding has reached a tipping point, diminishing the experience for everyone, residents and visitors alike.

It’s a slippery slope when those who follow the law find themselves at a disadvantage, facing unfair competition and ultimately pressured into adopting a “if you can’t beat them, join them” mindset.

There are numerous ways in which this could be controlled, with different countries opting for everything from planters to metal strips on the ground delineating the limit paid for.

The system has to be transparent and accessible: just as the recently-introduced bathing water quality reports generate credibility, so too would an interactive map where the public could ascertain who actually has a permit to take up public space.

Apart from acting as a deterrent to those who think that they can get away with breaking the law, you need to have proper enforcement and fines that make sense in the context of the money that an extra table would generate. It is useless to have a fine that is a fraction of the extra income generated.

The issue is not and has never been in the details of how it could operate: at the conference, a PA official – the deputy director for compliance, no less – actually suggested on-the-spot fines.

It has always been down to the inertia of successive governments who fail to take a stand, for whatever unacceptable reason.

No one should be above the law, not boat-trip operators, lido operators, restaurant operators or sightseeing bus operators. If there is no law, then these abusers have nothing to fear.