The man tasked with safeguarding Malta’s cultural heritage against destruction is actually “on loan” from the Planning Authority, documents show.

Kurt Farrugia is on unpaid leave from the authority, according to a “loan agreement” signed between the Culture Ministry and Planning Authority in November 2020.

The agreement, which was recently tabled in parliament, reveals how the Superintendence for Culture Heritage (SCH) even invoices the Planning Authority to “reimburse” it for a large portion of Farrugia’s salary.

This is done, according to the agreement, “as part of a commitment by the Planning Authority to create a synergy of operations with the Superintendence for Cultural Heritage”.

Farrugia also has the right to apply for any promotions within the Planning Authority (PA), should a vacancy arise and also has the right to return to the authority upon the expiry of his contract with the superintendence. 

Details of the “loan agreement” were tabled in parliament by Culture Minister Owen Bonnici, after PN MP Julie Zahra demanded to know why Farrugia was receiving financial perks from the PA.

Zahra questioned why the person responsible for protecting Malta’s cultural heritage received such perks from the authority, given the superintendent’s watchdog function over the planning process.

Culture Minister sees no problem

Despite the awkward arrangement, Culture Minister Owen Bonnici told Times of Malta he sees no conflict of interest.

The SCH was completely autonomous of the PA, he said, and the loan arrangement “only concerns conditions of employment, not independence.”

“When you’re on loan with an entity, your loyalty lies with the entity you are loaned to,” Bonnici said. “I have no doubt the superintendent and other SCH employees on loan are doing a great job.”

Farrugia is one of six superintendence employees “on loan” from the authority.

A spokesperson for Bonnici noted that the SCH had seen its headcount grow rapidly in the past decade, as a result of legislative changes that mean it is consulted on all development planning applications.

Prior to these changes, the Planning Authority, then known as MEPA, used to consult the SCH only on applications deemed by its case officers to have a direct impact on cultural heritage.

“Due to this increase in workload, as well as to strengthen its other functions, the government felt that the superintendence for cultural heritage required further human resources to tackle this increased but much needed new role.

“Of course, this is a highly technical and specialised area of study and the new employees had to be experienced, competent and well-versed in the area of cultural heritage.

The spokesperson said Farrugia was one of a small number of highly experienced employees loaned to the superintendence from the PA, due to his experience within a regulatory entity and strong background in cultural heritage.

“Other qualified professionals joined the superintendence over time since 2016 and they benefitted immensely from the experience and knowledge in the field of cultural heritage which these peers have,” the spokesperson said.

Ġgantija in the spotlight

The superintendence has been in the spotlight recently over its failure to strongly push back against plans to build a 22-apartment block of flats within 200 metres of the historic Ġgantija Temples.

In approving the development so near to a UNESCO World Heritage site this week, the PA noted how the superintendence had not mandated the need for a heritage assessment to be carried out, and had never withdrawn its consent for the development to take place.

A Times of Malta fact-check concluded that the development lies within a UNESCO-mandated buffer zone.

Farrugia’s nomination by the government to head the superintendence three years ago was met with concern by a group of 29 academics.

The group had written to Bonnici’s predecessor Jose Herrera, questioning the lack of transparency behind Farrugia’s appointment.

They demanded to know why the superintendence’s previous head, Joseph Magro Conti, was removed.

“Without a clear explanation for Magro Conti’s removal, the superintendence, as an institution, risks being weakened, and its ability to act with independence is curtailed,” the academics said at the time.

A repeated issue

It is not the first time that Malta’s planning process has been tainted by conflict of interest concerns: in 2020, Times of Malta had revealed how the man chairing the Environmental Planning Review Tribunal was in reality seconded from the PA.

The EPRT is responsible for hearing appeals against planning decisions.

Martin Saliba, a PA employee, had been engaged as EPRT chairperson through a deal that allowed him to stay on as a PA employee on unpaid leave.

Saliba would go on to lead the PA as its executive chairperson. His successor at the EPRT was also seconded from the PA.