Independent MPs Godfrey and Marlene Farrugia are seeking to repeal or amend a recent legal notice which authorised the Planning Authority to use video conferencing when deciding on planning applications due to the coronavirus outbreak.
The MPs have justified the move on the ground that such a procedure would exclude sections of the population who do not have access to electronic means, thereby hindering their right to object.
In a parliamentary motion, the Farrugias outlined the reasons why they believe that Legal Notice 109 of 2020, which was enacted on March 27 by Environment Minister Aaron Farrugia, should be challenged.
Under this legislation, public meetings of the planning board or commissions, which had been suspended due to COVID-19, would resume through video conferencing. However, any member of the public who would like to participate through electronic means would have to give notice at least one day in advance.
The Farrugias noted that such an arrangement excluded those lacking such means of communication.
The legal notice, they added, offered no safeguards for the public in case of failure of the video conferencing system, as the meeting would forge ahead regardless.
Concern was also raised on the tight timeframes for the public to prepare the submissions, as they would only be notified about the meeting a day or two beforehand.
This period should have been of at least 10 days, the MPs said.
The legal notice was also criticised as it gave complete discretion to the chairperson of the board or commission on whether to use video conferencing or summon the meeting in the traditional way. This could give rise to abuse, discrimination and legal uncertainty, they warned.
The MPs called on parliament to repeal or else amend the legal notice in order to safeguard the right to public consultation so that such process is accessible to all and carried out in a transparent manner.
Environment Minister Aaron Farrugia in parliament said there would be a room at the PA offices from which the public could follow by video conferencing. This was being done to bridge the digital divide.