In terms of Article 22(4) of the Ombudsman Act, the Ombudsman Mr Anthony C. Mifsud and the Commissioner for Environment and Planning, Perit Alan Saliba, have sent to the House of Representatives the Final Opinion in relation to a complaint on car damages suffered due to sea water flooding at Birżebbuġa.

Case Summary

The Commissioner for Environment and Planning was asked to investigate that the area of St George’s Bay experienced flooding of sea water for more than a decade due to high tides and that the authorities have not taken any measures and advise alternative routes.

The investigation did delve into whether Transport Malta or any other entity is responsible for the material damages sustained by private parties but only on the issue whether Transport Malta, or any other entity, is responsible to reply to this claim and not acting by simply referring the complainant to another entity.

The Commissioner recommended that Transport Malta should recognise its responsibilities in connection with the claim put forward by the complainant; and that Transport Malta should reply to such claims and not abdicate its responsibilities by simply referring the claimant to another entity.

Outcome

Since Transport Malta did not accept the Commissioner’s recommendations, the Case was referred to the Prime Minister in November 2021. Since no action has been taken, the Ombudsman and the Commissioner sent the report to the attention of the House of Representatives.

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