Your front-page leading article by Natalino Fenech on Tuesday, August 3rd (Vetting of under-18s leading to Airport queues), made me recall images and occurrences at our Airport back in the eighties and nineties up to September 30th, 1995.

In that period as my Country geared itself up towards more travelling and European integration, the hideous and monstrous effects of the Impediment of Departure were effecting the smooth operational and administrative running of our International Airport which in those days was much smaller and more congested than it is today, even though our current Malta International Airport needs already major over-hauling to bring it up to date with the exigencies of current International Airports.

In those days the Police without the assistance of computers (which were non- existent at any level of administration in the Malta of those days), the police had to check on hand-written ledgers whether persons who particularly had common names such as Abela Joe or Borg Joe or Vella Joe and so-forth, whether a particular person for instance called Borg Joseph was the same individual impeded from leaving the Island. This meant not only long queues but also long delays, which were not only time-consuming but were costing alot of un-called-for money to the administration of our International Airport.

It was thanks to local associations very active in those times (notably the Association for Men’s Rights), and-finally-acceptance by the competent authorities that this reality was signifying a big problem for Malta, that eventually on October 1st, 1995, by an amendment to our laws of Malta, that this notorious Impediment of Departure was abolished. Indeed, God willing, come next October 1st, 2005, celebrations will be held to mark the 10th Anniversary of the eradication once and for all of the Impediment of Departure from our laws, an Impediment which indeed violated not only the Constitution of Malta as it was then, but also the European Convention of Fundamental Human Rights and Freedoms. On these latter points, however, more will be written in forthcoming articles.

Relating to the current situation regarding the under-18’s at our Airport, Malta is now an integral part of the European Union. Laws and Regulations that appertain to the European Union are now effective in our country, and this is a factual and legal fact that was known to one and all: ask for instance our Simon Busutill who is now one of Malta’s MEP’s following the recent EU Parliamentary Elections. All of our competent authorities knew that this occurrence would happen as of May 1st of the current year. The fact that these competent authorities did not adequately prepare the Country for such an occurrence is not the People’s fault, but it is their fault. Therefore, if needs be, and there is obviously this need, our Parliament should be summoned from its Summer Recess and they should be working night and day to amend, update or pass new legislation to bring our Country in line with European Union Laws and Regulations which are superior to ours, and this by the free and voluntary consent of the majority of my people.

The damages being incurred to the Airport Authorities, to the Police, and to the Public at large not to say the least these minors, has to be made good from the personal pockets of our Cabinet because our Cabinet should have seen to it that our Laws and Regulations are up-to-date, duly amended or new legislation passed by May 1st, 2004. It is immaterial to state that our Parliament is in summer recess because that is not a viable excuse to cause suffering and inconvenience which amount to moral and material damages to the victims of the incompetence of our Cabinet and those who should be representing our People. Hence these authorities should be summoned back to work now, and see to it that those who are suffering because of their incompetence be duly compensated!

The truth is that our Immigration Officers need not vet all Departing Persons aged under-18, because whatever they are doing particularly with respect to EU Nationals as are all under-18’s that relate to the twenty-five (25) Member Countries of the European Union, whatever these Immigration Officers are doing is illegal by European Union Laws and Regulations, irrespective of what our law is since the latter is not in conformity with European Union Laws and Regulations because of the gross incompetence of our House of Representatives: in Lewis Carroll’s words- OFF WITH THEIR HEADS!

Shortly after Malta became a fully-fledged Member of the European Union, a person requested our Courts to impede a minor Child from leaving our Country ( reminiscent of the notorious impediment of Departure). The Court rightly referred the matter to Attorney General’s Office which advised the Court to abstain from deciding on such an application, as it was evident that in terms of European Union Laws and Regulations no such Warrant could be furthermore obtained by our Court’s authorization.

The instructions that the Airport sources were given do not make sense in view of the new legal parameters that our Country has now fallen under, and we have to forget about this idea that anything goes in Malta. It will not be anymore like this, If our competent authorities are not going to realize this, they are going to be deluged by a lot of legal procedures against our Country that will render our Country more financially distraught than it already is with its deficit running now into billions!

The Police sources are correct in the position they have taken. The recent case you relate to provoked that instruction because of the insidious pressure by some individual who believes can dictate to the Malta Government, and apparently to the rest of the European Union, what to do or not to do. Hence the authorities that be have to be very careful as they could be facing law suits for damages if the competent authorities withdraw passports of minors and thus prevent such minors from leaving our Country. The inquisitional mentality in our Country will have to stop sooner than later, and irrespective of whether our House of Representatives is in Summer Recess or not!

So in conclusion let us be wary of such incomprehensible decisions which obviously to the European Union Law Student would make no-sense at all, and the victims would have every right to sue our government, the competent authorities and our Country for damages that they will suffer, as a result of decisions taken due to the incompetence of our competent authorities, when our Laws and Regulations should have been in line with European Laws and Regulations by May 1st, 2004. Let us all beware and make sure that Malta does not suffer damages because of the gross incompetence of those who should have seen to it that all is well by the time everything had to be well!